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90_HB1268enr
SEE INDEX
Creates the Second 1997 General Revisory Act. Combines
multiple versions of Sections amended by more than one Public
Act. Renumbers Sections of various Acts to eliminate
duplication. Corrects obsolete citations and technical
errors. Makes stylistic changes. Effective immediately.
LRB9000999EGfg
HB1268 Enrolled LRB9000999EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 1998 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to include the different versions of the Section
24 found in the Public Acts included in the list of sources, but
25 may not include other versions of the Section to be found in
26 Public Acts not included in the list of sources. The list of
27 sources is not a part of the text of the Section.
28 (d) Public Acts 89-708 through 90-566 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
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1 (5 ILCS 80/4.9 rep.)
2 Section 5. Section 4.9 of the Regulatory Agency Sunset
3 Act is repealed.
4 Section 6. The Regulatory Agency Sunset Act is amended
5 by changing Section 4.18 as follows:
6 (5 ILCS 80/4.18)
7 Sec. 4.18. Acts Act repealed January 1, 2008. The
8 following Acts are Act is repealed on January 1, 2008:
9 The Acupuncture Practice Act.
10 The Clinical Social Work and Social Work Practice Act.
11 The Home Medical Equipment and Services Provider License
12 Act.
13 The Illinois Nursing Act of 1987.
14 The Illinois Speech-Language Pathology and Audiology
15 Practice Act.
16 The Marriage and Family Therapy Licensing Act.
17 The Nursing Home Administrators Licensing and
18 Disciplinary Act.
19 The Pharmacy Practice Act of 1987.
20 The Physician Assistant Practice Act of 1987.
21 The Podiatric Medical Practice Act of 1987.
22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
25 12-30-97.)
26 Section 7. The Illinois Administrative Procedure Act is
27 amended by changing Section 1-5 as follows:
28 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
29 Sec. 1-5. Applicability.
30 (a) This Act applies to every agency as defined in this
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1 Act. Beginning January 1, 1978, in case of conflict between
2 the provisions of this Act and the Act creating or conferring
3 power on an agency, this Act shall control. If, however, an
4 agency (or its predecessor in the case of an agency that has
5 been consolidated or reorganized) has existing procedures on
6 July 1, 1977, specifically for contested cases or licensing,
7 those existing provisions control, except that this exception
8 respecting contested cases and licensing does not apply if
9 the Act creating or conferring power on the agency adopts by
10 express reference the provisions of this Act. Where the Act
11 creating or conferring power on an agency establishes
12 administrative procedures not covered by this Act, those
13 procedures shall remain in effect.
14 (b) The provisions of this Act do not apply to (i)
15 preliminary hearings, investigations, or practices where no
16 final determinations affecting State funding are made by the
17 State Board of Education, (ii) legal opinions issued under
18 Section 2-3.7 of the School Code, (iii) as to State colleges
19 and universities, their disciplinary and grievance
20 proceedings, academic irregularity and capricious grading
21 proceedings, and admission standards and procedures, and (iv)
22 the class specifications for positions and individual
23 position descriptions prepared and maintained under the
24 Personnel Code. Those class specifications shall, however,
25 be made reasonably available to the public for inspection and
26 copying. The provisions of this Act do not apply to hearings
27 under Section 20 of the Uniform Disposition of Unclaimed
28 Property Act.
29 (c) Section 5-35 of this Act relating to procedures for
30 rulemaking does not apply to the following:
31 (1) Rules adopted by the Pollution Control Board
32 that, in accordance with Section 7.2 of the Environmental
33 Protection Act, are identical in substance to federal
34 regulations or amendments to those regulations
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1 implementing the following: Sections 3001, 3002, 3003,
2 3004, 3005, and 9003 of the Solid Waste Disposal Act;
3 Section 105 of the Comprehensive Environmental Response,
4 Compensation, and Liability Act of 1980; Sections 307(b),
5 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
6 Water Pollution Control Act; and Sections 1412(b),
7 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
8 Water Act.
9 (2) Rules adopted by the Pollution Control Board
10 that establish or amend standards for the emission of
11 hydrocarbons and carbon monoxide from gasoline powered
12 motor vehicles subject to inspection under Section
13 13A-105 of the Vehicle Emissions Inspection Law and rules
14 adopted under Section 13B-20 of the Vehicle Emissions
15 Inspection Law of 1995.
16 (3) Procedural rules adopted by the Pollution
17 Control Board governing requests for exceptions under
18 Section 14.2 of the Environmental Protection Act.
19 (4) The Pollution Control Board's grant, pursuant
20 to an adjudicatory determination, of an adjusted standard
21 for persons who can justify an adjustment consistent with
22 subsection (a) of Section 27 of the Environmental
23 Protection Act.
24 (5) Rules adopted by the Pollution Control Board
25 that are identical in substance to the regulations
26 adopted by the Office of the State Fire Marshal under
27 clause (ii) of paragraph (b) of subsection (3) of Section
28 2 of the Gasoline Storage Act.
29 (d) Pay rates established under Section 8a of the
30 Personnel Code shall be amended or repealed pursuant to the
31 process set forth in Section 5-50 within 30 days after it
32 becomes necessary to do so due to a conflict between the
33 rates and the terms of a collective bargaining agreement
34 covering the compensation of an employee subject to that
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1 Code.
2 (e) Section 10-45 of this Act shall not apply to any
3 hearing, proceeding, or investigation conducted under Section
4 13-515 of the Public Utilities Act.
5 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
6 revised 10-24-97.)
7 Section 8. The Freedom of Information Act is amended by
8 changing Section 7 as follows:
9 (5 ILCS 140/7) (from Ch. 116, par. 207)
10 Sec. 7. Exemptions.
11 (1) The following shall be exempt from inspection and
12 copying:
13 (a) Information specifically prohibited from
14 disclosure by federal or State law or rules and
15 regulations adopted under federal or State law.
16 (b) Information that, if disclosed, would
17 constitute a clearly unwarranted invasion of personal
18 privacy, unless the disclosure is consented to in writing
19 by the individual subjects of the information. The
20 disclosure of information that bears on the public duties
21 of public employees and officials shall not be considered
22 an invasion of personal privacy. Information exempted
23 under this subsection (b) shall include but is not
24 limited to:
25 (i) files and personal information maintained
26 with respect to clients, patients, residents,
27 students or other individuals receiving social,
28 medical, educational, vocational, financial,
29 supervisory or custodial care or services directly
30 or indirectly from federal agencies or public
31 bodies;
32 (ii) personnel files and personal information
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1 maintained with respect to employees, appointees or
2 elected officials of any public body or applicants
3 for those positions;
4 (iii) files and personal information
5 maintained with respect to any applicant, registrant
6 or licensee by any public body cooperating with or
7 engaged in professional or occupational
8 registration, licensure or discipline;
9 (iv) information required of any taxpayer in
10 connection with the assessment or collection of any
11 tax unless disclosure is otherwise required by State
12 statute; and
13 (v) information revealing the identity of
14 persons who file complaints with or provide
15 information to administrative, investigative, law
16 enforcement or penal agencies; provided, however,
17 that identification of witnesses to traffic
18 accidents, traffic accident reports, and rescue
19 reports may be provided by agencies of local
20 government, except in a case for which a criminal
21 investigation is ongoing, without constituting a
22 clearly unwarranted per se invasion of personal
23 privacy under this subsection.
24 (c) Records compiled by any public body for
25 administrative enforcement proceedings and any law
26 enforcement or correctional agency for law enforcement
27 purposes or for internal matters of a public body, but
28 only to the extent that disclosure would:
29 (i) interfere with pending or actually and
30 reasonably contemplated law enforcement proceedings
31 conducted by any law enforcement or correctional
32 agency;
33 (ii) interfere with pending administrative
34 enforcement proceedings conducted by any public
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1 body;
2 (iii) deprive a person of a fair trial or an
3 impartial hearing;
4 (iv) unavoidably disclose the identity of a
5 confidential source or confidential information
6 furnished only by the confidential source;
7 (v) disclose unique or specialized
8 investigative techniques other than those generally
9 used and known or disclose internal documents of
10 correctional agencies related to detection,
11 observation or investigation of incidents of crime
12 or misconduct;
13 (vi) constitute an invasion of personal
14 privacy under subsection (b) of this Section;
15 (vii) endanger the life or physical safety of
16 law enforcement personnel or any other person; or
17 (viii) obstruct an ongoing criminal
18 investigation.
19 (d) Criminal history record information maintained
20 by State or local criminal justice agencies, except the
21 following which shall be open for public inspection and
22 copying:
23 (i) chronologically maintained arrest
24 information, such as traditional arrest logs or
25 blotters;
26 (ii) the name of a person in the custody of a
27 law enforcement agency and the charges for which
28 that person is being held;
29 (iii) court records that are public;
30 (iv) records that are otherwise available
31 under State or local law; or
32 (v) records in which the requesting party is
33 the individual identified, except as provided under
34 part (vii) of paragraph (c) of subsection (1) of
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1 this Section.
2 "Criminal history record information" means data
3 identifiable to an individual and consisting of
4 descriptions or notations of arrests, detentions,
5 indictments, informations, pre-trial proceedings, trials,
6 or other formal events in the criminal justice system or
7 descriptions or notations of criminal charges (including
8 criminal violations of local municipal ordinances) and
9 the nature of any disposition arising therefrom,
10 including sentencing, court or correctional supervision,
11 rehabilitation and release. The term does not apply to
12 statistical records and reports in which individuals are
13 not identified and from which their identities are not
14 ascertainable, or to information that is for criminal
15 investigative or intelligence purposes.
16 (e) Records that relate to or affect the security
17 of correctional institutions and detention facilities.
18 (f) Preliminary drafts, notes, recommendations,
19 memoranda and other records in which opinions are
20 expressed, or policies or actions are formulated, except
21 that a specific record or relevant portion of a record
22 shall not be exempt when the record is publicly cited and
23 identified by the head of the public body. The exemption
24 provided in this paragraph (f) extends to all those
25 records of officers and agencies of the General Assembly
26 that pertain to the preparation of legislative documents.
27 (g) Trade secrets and commercial or financial
28 information obtained from a person or business where the
29 trade secrets or information are proprietary, privileged
30 or confidential, or where disclosure of the trade secrets
31 or information may cause competitive harm, including all
32 information determined to be confidential under Section
33 4002 of the Technology Advancement and Development Act.
34 Nothing contained in this paragraph (g) shall be
HB1268 Enrolled -9- LRB9000999EGfg
1 construed to prevent a person or business from consenting
2 to disclosure.
3 (h) Proposals and bids for any contract, grant, or
4 agreement, including information which if it were
5 disclosed would frustrate procurement or give an
6 advantage to any person proposing to enter into a
7 contractor agreement with the body, until an award or
8 final selection is made. Information prepared by or for
9 the body in preparation of a bid solicitation shall be
10 exempt until an award or final selection is made.
11 (i) Valuable formulae, designs, drawings and
12 research data obtained or produced by any public body
13 when disclosure could reasonably be expected to produce
14 private gain or public loss.
15 (j) Test questions, scoring keys and other
16 examination data used to administer an academic
17 examination or determined the qualifications of an
18 applicant for a license or employment.
19 (k) Architects' plans and engineers' technical
20 submissions for projects not constructed or developed in
21 whole or in part with public funds and for projects
22 constructed or developed with public funds, to the extent
23 that disclosure would compromise security.
24 (l) Library circulation and order records
25 identifying library users with specific materials.
26 (m) Minutes of meetings of public bodies closed to
27 the public as provided in the Open Meetings Act until the
28 public body makes the minutes available to the public
29 under Section 2.06 of the Open Meetings Act.
30 (n) Communications between a public body and an
31 attorney or auditor representing the public body that
32 would not be subject to discovery in litigation, and
33 materials prepared or compiled by or for a public body in
34 anticipation of a criminal, civil or administrative
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1 proceeding upon the request of an attorney advising the
2 public body, and materials prepared or compiled with
3 respect to internal audits of public bodies.
4 (o) Information received by a primary or secondary
5 school, college or university under its procedures for
6 the evaluation of faculty members by their academic
7 peers.
8 (p) Administrative or technical information
9 associated with automated data processing operations,
10 including but not limited to software, operating
11 protocols, computer program abstracts, file layouts,
12 source listings, object modules, load modules, user
13 guides, documentation pertaining to all logical and
14 physical design of computerized systems, employee
15 manuals, and any other information that, if disclosed,
16 would jeopardize the security of the system or its data
17 or the security of materials exempt under this Section.
18 (q) Documents or materials relating to collective
19 negotiating matters between public bodies and their
20 employees or representatives, except that any final
21 contract or agreement shall be subject to inspection and
22 copying.
23 (r) Drafts, notes, recommendations and memoranda
24 pertaining to the financing and marketing transactions of
25 the public body. The records of ownership, registration,
26 transfer, and exchange of municipal debt obligations, and
27 of persons to whom payment with respect to these
28 obligations is made.
29 (s) The records, documents and information relating
30 to real estate purchase negotiations until those
31 negotiations have been completed or otherwise terminated.
32 With regard to a parcel involved in a pending or actually
33 and reasonably contemplated eminent domain proceeding
34 under Article VII of the Code of Civil Procedure,
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1 records, documents and information relating to that
2 parcel shall be exempt except as may be allowed under
3 discovery rules adopted by the Illinois Supreme Court.
4 The records, documents and information relating to a real
5 estate sale shall be exempt until a sale is consummated.
6 (t) Any and all proprietary information and records
7 related to the operation of an intergovernmental risk
8 management association or self-insurance pool or jointly
9 self-administered health and accident cooperative or
10 pool.
11 (u) Information concerning a university's
12 adjudication of student or employee grievance or
13 disciplinary cases, to the extent that disclosure would
14 reveal the identity of the student or employee and
15 information concerning any public body's adjudication of
16 student or employee grievances or disciplinary cases,
17 except for the final outcome of the cases.
18 (v) Course materials or research materials used by
19 faculty members.
20 (w) Information related solely to the internal
21 personnel rules and practices of a public body.
22 (x) Information contained in or related to
23 examination, operating, or condition reports prepared by,
24 on behalf of, or for the use of a public body responsible
25 for the regulation or supervision of financial
26 institutions or insurance companies, unless disclosure is
27 otherwise required by State law.
28 (y) Information the disclosure of which is
29 restricted under Section 5-108 of the Public Utilities
30 Act.
31 (z) Manuals or instruction to staff that relate to
32 establishment or collection of liability for any State
33 tax or that relate to investigations by a public body to
34 determine violation of any criminal law.
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1 (aa) Applications, related documents, and medical
2 records received by the Experimental Organ
3 Transplantation Procedures Board and any and all
4 documents or other records prepared by the Experimental
5 Organ Transplantation Procedures Board or its staff
6 relating to applications it has received.
7 (bb) Insurance or self insurance (including any
8 intergovernmental risk management association or self
9 insurance pool) claims, loss or risk management
10 information, records, data, advice or communications.
11 (cc) Information and records held by the Department
12 of Public Health and its authorized representatives
13 relating to known or suspected cases of sexually
14 transmissible disease or any information the disclosure
15 of which is restricted under the Illinois Sexually
16 Transmissible Disease Control Act.
17 (dd) Information the disclosure of which is
18 exempted under Section 30 of the Radon Industry Licensing
19 Act.
20 (ee) Firm performance evaluations under Section 55
21 of the Architectural, Engineering, and Land Surveying
22 Qualifications Based Selection Act.
23 (ff) Security portions of system safety program
24 plans, investigation reports, surveys, schedules, lists,
25 data, or information compiled, collected, or prepared by
26 or for the Regional Transportation Authority under
27 Section 2.11 of the Regional Transportation Authority Act
28 or the State of Missouri under the Bi-State Transit
29 Safety Act.
30 (gg) (ff) Information the disclosure of which is
31 restricted and exempted under Section 50 of the Illinois
32 Prepaid Tuition Act.
33 (2) This Section does not authorize withholding of
34 information or limit the availability of records to the
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1 public, except as stated in this Section or otherwise
2 provided in this Act.
3 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
4 90-546, eff. 12-1-97; revised 12-24-97.)
5 Section 9. The Illinois Public Labor Relations Act is
6 amended by changing Sections 3 and 14 as follows:
7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
8 Sec. 3. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Board" or "Governing Board" means either the
11 Illinois State Labor Relations Board or the Illinois Local
12 Labor Relations Board.
13 (b) "Collective bargaining" means bargaining over terms
14 and conditions of employment, including hours, wages, and
15 other conditions of employment, as detailed in Section 7 and
16 which are not excluded by Section 4.
17 (c) "Confidential employee" means an employee who, in
18 the regular course of his or her duties, assists and acts in
19 a confidential capacity to persons who formulate, determine,
20 and effectuate management policies with regard to labor
21 relations or who, in the regular course of his or her duties,
22 has authorized access to information relating to the
23 effectuation or review of the employer's collective
24 bargaining policies.
25 (d) "Craft employees" means skilled journeymen, crafts
26 persons, and their apprentices and helpers.
27 (e) "Essential services employees" means those public
28 employees performing functions so essential that the
29 interruption or termination of the function will constitute a
30 clear and present danger to the health and safety of the
31 persons in the affected community.
32 (f) "Exclusive representative", except with respect to
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1 non-State fire fighters and paramedics employed by fire
2 departments and fire protection districts, non-State peace
3 officers, and peace officers in the Department of State
4 Police, means the labor organization that has been (i)
5 designated by the Board as the representative of a majority
6 of public employees in an appropriate bargaining unit in
7 accordance with the procedures contained in this Act, (ii)
8 historically recognized by the State of Illinois or any
9 political subdivision of the State before July 1, 1984 (the
10 effective date of this Act) as the exclusive representative
11 of the employees in an appropriate bargaining unit, or (iii)
12 after July 1, 1984 (the effective date of this Act)
13 recognized by an employer upon evidence, acceptable to the
14 Board, that the labor organization has been designated as the
15 exclusive representative by a majority of the employees in an
16 appropriate bargaining unit.
17 With respect to non-State fire fighters and paramedics
18 employed by fire departments and fire protection districts,
19 non-State peace officers, and peace officers in the
20 Department of State Police, "exclusive representative" means
21 the labor organization that has been (i) designated by the
22 Board as the representative of a majority of peace officers
23 or fire fighters in an appropriate bargaining unit in
24 accordance with the procedures contained in this Act, (ii)
25 historically recognized by the State of Illinois or any
26 political subdivision of the State before January 1, 1986
27 (the effective date of this amendatory Act of 1985) as the
28 exclusive representative by a majority of the peace officers
29 or fire fighters in an appropriate bargaining unit, or (iii)
30 after January 1, 1986 (the effective date of this amendatory
31 Act of 1985) recognized by an employer upon evidence,
32 acceptable to the Board, that the labor organization has been
33 designated as the exclusive representative by a majority of
34 the peace officers or fire fighters in an appropriate
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1 bargaining unit.
2 (g) "Fair share agreement" means an agreement between
3 the employer and an employee organization under which all or
4 any of the employees in a collective bargaining unit are
5 required to pay their proportionate share of the costs of the
6 collective bargaining process, contract administration, and
7 pursuing matters affecting wages, hours, and other conditions
8 of employment, but not to exceed the amount of dues uniformly
9 required of members. The amount certified by the exclusive
10 representative shall not include any fees for contributions
11 related to the election or support of any candidate for
12 political office. Nothing in this subsection (g) shall
13 preclude an employee from making voluntary political
14 contributions in conjunction with his or her fair share
15 payment.
16 (g-1) "Fire fighter" means, for the purposes of this Act
17 only, any person who has been or is hereafter appointed to a
18 fire department or fire protection district or employed by a
19 state university and sworn or commissioned to perform fire
20 fighter duties or paramedic duties, except that the following
21 persons are not included: part-time fire fighters, auxiliary,
22 reserve or voluntary fire fighters, including paid on-call
23 fire fighters, clerks and dispatchers or other civilian
24 employees of a fire department or fire protection district
25 who are not routinely expected to perform fire fighter
26 duties, or elected officials.
27 (g-2) "General Assembly of the State of Illinois" means
28 the legislative branch of the government of the State of
29 Illinois, as provided for under Article IV of the
30 Constitution of the State of Illinois, and includes but is
31 not limited to the House of Representatives, the Senate, the
32 Speaker of the House of Representatives, the Minority Leader
33 of the House of Representatives, the President of the Senate,
34 the Minority Leader of the Senate, the Joint Committee on
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1 Legislative Support Services and any legislative support
2 services agency listed in the Legislative Commission
3 Reorganization Act of 1984.
4 (h) "Governing body" means, in the case of the State,
5 the State Labor Relations Board, the Director of the
6 Department of Central Management Services, and the Director
7 of the Department of Labor; the county board in the case of a
8 county; the corporate authorities in the case of a
9 municipality; and the appropriate body authorized to provide
10 for expenditures of its funds in the case of any other unit
11 of government.
12 (i) "Labor organization" means any organization in which
13 public employees participate and that exists for the purpose,
14 in whole or in part, of dealing with a public employer
15 concerning wages, hours, and other terms and conditions of
16 employment, including the settlement of grievances.
17 (j) "Managerial employee" means an individual who is
18 engaged predominantly in executive and management functions
19 and is charged with the responsibility of directing the
20 effectuation of management policies and practices.
21 (k) "Peace officer" means, for the purposes of this Act
22 only, any persons who have been or are hereafter appointed to
23 a police force, department, or agency and sworn or
24 commissioned to perform police duties, except that the
25 following persons are not included: part-time police
26 officers, special police officers, auxiliary police as
27 defined by Section 3.1-30-20 of the Illinois Municipal Code,
28 night watchmen, "merchant police", court security officers as
29 defined by Section 3-6012.1 of the Counties Code, temporary
30 employees, traffic guards or wardens, civilian parking meter
31 and parking facilities personnel or other individuals
32 specially appointed to aid or direct traffic at or near
33 schools or public functions or to aid in civil defense or
34 disaster, parking enforcement employees who are not
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1 commissioned as peace officers and who are not armed and who
2 are not routinely expected to effect arrests, parking lot
3 attendants, clerks and dispatchers or other civilian
4 employees of a police department who are not routinely
5 expected to effect arrests, or elected officials.
6 (l) "Person" includes one or more individuals, labor
7 organizations, public employees, associations, corporations,
8 legal representatives, trustees, trustees in bankruptcy,
9 receivers, or the State of Illinois or any political
10 subdivision of the State or governing body, but does not
11 include the General Assembly of the State of Illinois or any
12 individual employed by the General Assembly of the State of
13 Illinois.
14 (m) "Professional employee" means any employee engaged
15 in work predominantly intellectual and varied in character
16 rather than routine mental, manual, mechanical or physical
17 work; involving the consistent exercise of discretion and
18 adjustment in its performance; of such a character that the
19 output produced or the result accomplished cannot be
20 standardized in relation to a given period of time; and
21 requiring advanced knowledge in a field of science or
22 learning customarily acquired by a prolonged course of
23 specialized intellectual instruction and study in an
24 institution of higher learning or a hospital, as
25 distinguished from a general academic education or from
26 apprenticeship or from training in the performance of routine
27 mental, manual, or physical processes; or any employee who
28 has completed the courses of specialized intellectual
29 instruction and study prescribed in this subsection (m) and
30 is performing related work under the supervision of a
31 professional person to qualify to become a professional
32 employee as defined in this subsection (m).
33 (n) "Public employee" or "employee", for the purposes of
34 this Act, means any individual employed by a public employer,
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1 including interns and residents at public hospitals, but
2 excluding all of the following: employees of the General
3 Assembly of the State of Illinois; elected officials;
4 executive heads of a department; members of boards or
5 commissions; employees of any agency, board or commission
6 created by this Act; employees appointed to State positions
7 of a temporary or emergency nature; all employees of school
8 districts and higher education institutions except
9 firefighters and peace officers employed by a state
10 university; managerial employees; short-term employees;
11 confidential employees; independent contractors; and
12 supervisors except as provided in this Act.
13 Notwithstanding Section 9, subsection (c), or any other
14 provisions of this Act, all peace officers above the rank of
15 captain in municipalities with more than 1,000,000
16 inhabitants shall be excluded from this Act.
17 (o) "Public employer" or "employer" means the State of
18 Illinois; any political subdivision of the State, unit of
19 local government or school district; authorities including
20 departments, divisions, bureaus, boards, commissions, or
21 other agencies of the foregoing entities; and any person
22 acting within the scope of his or her authority, express or
23 implied, on behalf of those entities in dealing with its
24 employees. "Public employer" or "employer" as used in this
25 Act, however, does not mean and shall not include the General
26 Assembly of the State of Illinois and educational employers
27 or employers as defined in the Illinois Educational Labor
28 Relations Act, except with respect to a state university in
29 its employment of firefighters and peace officers. County
30 boards and county sheriffs shall be designated as joint or
31 co-employers of county peace officers appointed under the
32 authority of a county sheriff. Nothing in this subsection
33 (o) shall be construed to prevent the State Board or the
34 Local Board from determining that employers are joint or
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1 co-employers.
2 (p) "Security employee" means an employee who is
3 responsible for the supervision and control of inmates at
4 correctional facilities. The term also includes other
5 non-security employees in bargaining units having the
6 majority of employees being responsible for the supervision
7 and control of inmates at correctional facilities.
8 (q) "Short-term employee" means an employee who is
9 employed for less than that 2 consecutive calendar quarters
10 during a calendar year and who does not have a reasonable
11 assurance that he or she will be rehired by the same employer
12 for the same service in a subsequent calendar year.
13 (r) "Supervisor" is an employee whose principal work is
14 substantially different from that of his or her subordinates
15 and who has authority, in the interest of the employer, to
16 hire, transfer, suspend, lay off, recall, promote, discharge,
17 direct, reward, or discipline employees, to adjust their
18 grievances, or to effectively recommend any of those actions,
19 if the exercise of that authority is not of a merely routine
20 or clerical nature, but requires the consistent use of
21 independent judgment. Except with respect to police
22 employment, the term "supervisor" includes only those
23 individuals who devote a preponderance of their employment
24 time to exercising that authority, State supervisors
25 notwithstanding. In addition, in determining supervisory
26 status in police employment, rank shall not be determinative.
27 The Board shall consider, as evidence of bargaining unit
28 inclusion or exclusion, the common law enforcement policies
29 and relationships between police officer ranks and
30 certification under applicable civil service law, ordinances,
31 personnel codes, or Division 2.1 of Article 10 of the
32 Illinois Municipal Code, but these factors shall not be the
33 sole or predominant factors considered by the Board in
34 determining police supervisory status.
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1 Notwithstanding the provisions of the preceding
2 paragraph, in determining supervisory status in fire fighter
3 employment, no fire fighter shall be excluded as a supervisor
4 who has established representation rights under Section 9 of
5 this Act. Further, in new fire fighter units, employees
6 shall consist of fire fighters of the rank of company officer
7 and below. If a company officer otherwise qualifies as a
8 supervisor under the preceding paragraph, however, he or she
9 shall not be included in the fire fighter unit. If there is
10 no rank between that of chief and the highest company
11 officer, the employer may designate a position on each shift
12 as a Shift Commander, and the persons occupying those
13 positions shall be supervisors. All other ranks above that
14 of company officer shall be supervisors.
15 (s) (1) "Unit" means a class of jobs or positions that
16 are held by employees whose collective interests may suitably
17 be represented by a labor organization for collective
18 bargaining. Except with respect to non-State fire fighters
19 and paramedics employed by fire departments and fire
20 protection districts, non-State peace officers, and peace
21 officers in the Department of State Police, a bargaining unit
22 determined by the Board shall not include both employees and
23 supervisors, or supervisors only, except as provided in
24 paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on July 1, 1984 (the effective
26 date of this Act). With respect to non-State fire fighters
27 and paramedics employed by fire departments and fire
28 protection districts, non-State peace officers, and peace
29 officers in the Department of State Police, a bargaining unit
30 determined by the Board shall not include both supervisors
31 and nonsupervisors, or supervisors only, except as provided
32 in paragraph (2) of this subsection (s) and except for
33 bargaining units in existence on January 1, 1986 (the
34 effective date of this amendatory Act of 1985). A bargaining
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1 unit determined by the Board to contain peace officers shall
2 contain no employees other than peace officers unless
3 otherwise agreed to by the employer and the labor
4 organization or labor organizations involved.
5 Notwithstanding any other provision of this Act, a bargaining
6 unit, including a historical bargaining unit, containing
7 sworn peace officers of the Department of Natural Resources
8 (formerly designated the Department of Conservation) shall
9 contain no employees other than such sworn peace officers
10 upon the effective date of this amendatory Act of 1990 or
11 upon the expiration date of any collective bargaining
12 agreement in effect upon the effective date of this
13 amendatory Act of 1990 covering both such sworn peace
14 officers and other employees.
15 (2) Notwithstanding the exclusion of supervisors from
16 bargaining units as provided in paragraph (1) of this
17 subsection (s), a public employer may agree to permit its
18 supervisory employees to form bargaining units and may
19 bargain with those units. This Act shall apply if the public
20 employer chooses to bargain under this subsection.
21 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
22 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
23 6-1-97; 90-14, eff. 7-1-97; revised 12-18-97.)
24 (5 ILCS 315/14) (from Ch. 48, par. 1614)
25 Sec. 14. Security Employee, Peace Officer and Fire
26 Fighter Disputes.
27 (a) In the case of collective bargaining agreements
28 involving units of security employees of a public employer,
29 Peace Officer Units, or units of fire fighters or paramedics,
30 and in the case of disputes under Section 18, unless the
31 parties mutually agree to some other time limit, mediation
32 shall commence 30 days prior to the expiration date of such
33 agreement or at such later time as the mediation services
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1 chosen under subsection (b) of Section 12 can be provided to
2 the parties. In the case of negotiations for an initial
3 collective bargaining agreement, mediation shall commence
4 upon 15 days notice from either party or at such later time
5 as the mediation services chosen pursuant to subsection (b)
6 of Section 12 can be provided to the parties. In mediation
7 under this Section, if either party requests the use of
8 mediation services from the Federal Mediation and
9 Conciliation Service, the other party shall either join in
10 such request or bear the additional cost of mediation
11 services from another source. The mediator shall have a duty
12 to keep the Board informed on the progress of the mediation.
13 If any dispute has not been resolved within 15 days after the
14 first meeting of the parties and the mediator, or within such
15 other time limit as may be mutually agreed upon by the
16 parties, either the exclusive representative or employer may
17 request of the other, in writing, arbitration, and shall
18 submit a copy of the request to the Board.
19 (b) Within 10 days after such a request for arbitration
20 has been made, the employer shall choose a delegate and the
21 employees' exclusive representative shall choose a delegate
22 to a panel of arbitration as provided in this Section. The
23 employer and employees shall forthwith advise the other and
24 the Board of their selections.
25 (c) Within 7 days of the request of either party, the
26 Board shall select from the Public Employees Labor Mediation
27 Roster 7 persons who are on the labor arbitration panels of
28 either the American Arbitration Association or the Federal
29 Mediation and Conciliation Service, or who are members of the
30 National Academy of Arbitrators, as nominees for impartial
31 arbitrator of the arbitration panel. The parties may select
32 an individual on the list provided by the Board or any other
33 individual mutually agreed upon by the parties. Within 7
34 days following the receipt of the list, the parties shall
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1 notify the Board of the person they have selected. Unless
2 the parties agree on an alternate selection procedure, they
3 shall alternatively strike one name from the list provided by
4 the Board until only one name remains. A coin toss shall
5 determine which party shall strike the first name. If the
6 parties fail to notify the Board in a timely manner of their
7 selection for neutral chairman, the Board shall appoint a
8 neutral chairman from the Illinois Public Employees
9 Mediation/Arbitration Roster.
10 (d) The chairman shall call a hearing to begin within 15
11 days and give reasonable notice of the time and place of the
12 hearing. The hearing shall be held at the offices of the
13 Board or at such other location as the Board deems
14 appropriate. The chairman shall preside over the hearing and
15 shall take testimony. Any oral or documentary evidence and
16 other data deemed relevant by the arbitration panel may be
17 received in evidence. The proceedings shall be informal.
18 Technical rules of evidence shall not apply and the
19 competency of the evidence shall not thereby be deemed
20 impaired. A verbatim record of the proceedings shall be made
21 and the arbitrator shall arrange for the necessary recording
22 service. Transcripts may be ordered at the expense of the
23 party ordering them, but the transcripts shall not be
24 necessary for a decision by the arbitration panel. The
25 expense of the proceedings, including a fee for the chairman,
26 established in advance by the Board, shall be borne equally
27 by each of the parties to the dispute. The delegates, if
28 public officers or employees, shall continue on the payroll
29 of the public employer without loss of pay. The hearing
30 conducted by the arbitration panel may be adjourned from time
31 to time, but unless otherwise agreed by the parties, shall be
32 concluded within 30 days of the time of its commencement.
33 Majority actions and rulings shall constitute the actions and
34 rulings of the arbitration panel. Arbitration proceedings
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1 under this Section shall not be interrupted or terminated by
2 reason of any unfair labor practice charge filed by either
3 party at any time.
4 (e) The arbitration panel may administer oaths, require
5 the attendance of witnesses, and the production of such
6 books, papers, contracts, agreements and documents as may be
7 deemed by it material to a just determination of the issues
8 in dispute, and for such purpose may issue subpoenas. If any
9 person refuses to obey a subpoena, or refuses to be sworn or
10 to testify, or if any witness, party or attorney is guilty of
11 any contempt while in attendance at any hearing, the
12 arbitration panel may, or the attorney general if requested
13 shall, invoke the aid of any circuit court within the
14 jurisdiction in which the hearing is being held, which court
15 shall issue an appropriate order. Any failure to obey the
16 order may be punished by the court as contempt.
17 (f) At any time before the rendering of an award, the
18 chairman of the arbitration panel, if he is of the opinion
19 that it would be useful or beneficial to do so, may remand
20 the dispute to the parties for further collective bargaining
21 for a period not to exceed 2 weeks. If the dispute is
22 remanded for further collective bargaining the time
23 provisions of this Act shall be extended for a time period
24 equal to that of the remand. The chairman of the panel of
25 arbitration shall notify the Board of the remand.
26 (g) At or before the conclusion of the hearing held
27 pursuant to subsection (d), the arbitration panel shall
28 identify the economic issues in dispute, and direct each of
29 the parties to submit, within such time limit as the panel
30 shall prescribe, to the arbitration panel and to each other
31 its last offer of settlement on each economic issue. The
32 determination of the arbitration panel as to the issues in
33 dispute and as to which of these issues are economic shall be
34 conclusive. The arbitration panel, within 30 days after the
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1 conclusion of the hearing, or such further additional periods
2 to which the parties may agree, shall make written findings
3 of fact and promulgate a written opinion and shall mail or
4 otherwise deliver a true copy thereof to the parties and
5 their representatives and to the Board. As to each economic
6 issue, the arbitration panel shall adopt the last offer of
7 settlement which, in the opinion of the arbitration panel,
8 more nearly complies with the applicable factors prescribed
9 in subsection (h). The findings, opinions and order as to
10 all other issues shall be based upon the applicable factors
11 prescribed in subsection (h).
12 (h) Where there is no agreement between the parties, or
13 where there is an agreement but the parties have begun
14 negotiations or discussions looking to a new agreement or
15 amendment of the existing agreement, and wage rates or other
16 conditions of employment under the proposed new or amended
17 agreement are in dispute, the arbitration panel shall base
18 its findings, opinions and order upon the following factors,
19 as applicable:
20 (1) The lawful authority of the employer.
21 (2) Stipulations of the parties.
22 (3) The interests and welfare of the public and the
23 financial ability of the unit of government to meet those
24 costs.
25 (4) Comparison of the wages, hours and conditions
26 of employment of the employees involved in the
27 arbitration proceeding with the wages, hours and
28 conditions of employment of other employees performing
29 similar services and with other employees generally:
30 (A) In public employment in comparable
31 communities.
32 (B) In private employment in comparable
33 communities.
34 (5) The average consumer prices for goods and
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1 services, commonly known as the cost of living.
2 (6) The overall compensation presently received by
3 the employees, including direct wage compensation,
4 vacations, holidays and other excused time, insurance and
5 pensions, medical and hospitalization benefits, the
6 continuity and stability of employment and all other
7 benefits received.
8 (7) Changes in any of the foregoing circumstances
9 during the pendency of the arbitration proceedings.
10 (8) Such other factors, not confined to the
11 foregoing, which are normally or traditionally taken into
12 consideration in the determination of wages, hours and
13 conditions of employment through voluntary collective
14 bargaining, mediation, fact-finding, arbitration or
15 otherwise between the parties, in the public service or
16 in private employment.
17 (i) In the case of peace officers, the arbitration
18 decision shall be limited to wages, hours, and conditions of
19 employment (which may include residency requirements in
20 municipalities with a population under 1,000,000, but those
21 residency requirements shall not allow residency outside of
22 Illinois) and shall not include the following: i) residency
23 requirements in municipalities with a population of at least
24 1,000,000; ii) the type of equipment, other than uniforms,
25 issued or used; iii) manning; iv) the total number of
26 employees employed by the department; v) mutual aid and
27 assistance agreements to other units of government; and vi)
28 the criterion pursuant to which force, including deadly
29 force, can be used; provided, nothing herein shall preclude
30 an arbitration decision regarding equipment or manning levels
31 if such decision is based on a finding that the equipment or
32 manning considerations in a specific work assignment involve
33 a serious risk to the safety of a peace officer beyond that
34 which is inherent in the normal performance of police duties.
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1 Limitation of the terms of the arbitration decision pursuant
2 to this subsection shall not be construed to limit the
3 factors upon which the decision may be based, as set forth in
4 subsection (h).
5 In the case of fire fighter, and fire department or fire
6 district paramedic matters, the arbitration decision shall be
7 limited to wages, hours, and conditions of employment (which
8 may include residency requirements in municipalities with a
9 population under 1,000,000, but those residency requirements
10 shall not allow residency outside of Illinois) and shall not
11 include the following matters: i) residency requirements in
12 municipalities with a population of at least 1,000,000; ii)
13 the type of equipment (other than uniforms and fire fighter
14 turnout gear) issued or used; iii) the total number of
15 employees employed by the department; iv) mutual aid and
16 assistance agreements to other units of government; and v)
17 the criterion pursuant to which force, including deadly
18 force, can be used; provided, however, nothing herein shall
19 preclude an arbitration decision regarding equipment levels
20 if such decision is based on a finding that the equipment
21 considerations in a specific work assignment involve a
22 serious risk to the safety of a fire fighter beyond that
23 which is inherent in the normal performance of fire fighter
24 duties. Limitation of the terms of the arbitration decision
25 pursuant to this subsection shall not be construed to limit
26 the facts upon which the decision may be based, as set forth
27 in subsection (h).
28 The changes to this subsection (i) made by Public Act
29 90-385 this amendatory Act of 1997 (relating to residency
30 requirements) do not apply to persons who are employed by a
31 combined department that performs both police and
32 firefighting services; these persons shall be governed by the
33 provisions of this subsection (i) relating to peace officers,
34 as they existed before the amendment by Public Act 90-385
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1 this amendatory Act of 1997. For purposes of this subsection
2 (i), persons who are employed by a combined department that
3 performs both police and fire fighting services shall be
4 governed by the provisions relating to peace officers rather
5 than the provisions relating to fire fighters.
6 To preserve historical bargaining rights, this subsection
7 shall not apply to any provision of a fire fighter collective
8 bargaining agreement in effect and applicable on the
9 effective date of this Act; provided, however, nothing herein
10 shall preclude arbitration with respect to any such
11 provision.
12 (j) Arbitration procedures shall be deemed to be
13 initiated by the filing of a letter requesting mediation as
14 required under subsection (a) of this Section. The
15 commencement of a new municipal fiscal year after the
16 initiation of arbitration procedures under this Act, but
17 before the arbitration decision, or its enforcement, shall
18 not be deemed to render a dispute moot, or to otherwise
19 impair the jurisdiction or authority of the arbitration panel
20 or its decision. Increases in rates of compensation awarded
21 by the arbitration panel may be effective only at the start
22 of the fiscal year next commencing after the date of the
23 arbitration award. If a new fiscal year has commenced either
24 since the initiation of arbitration procedures under this Act
25 or since any mutually agreed extension of the statutorily
26 required period of mediation under this Act by the parties to
27 the labor dispute causing a delay in the initiation of
28 arbitration, the foregoing limitations shall be inapplicable,
29 and such awarded increases may be retroactive to the
30 commencement of the fiscal year, any other statute or charter
31 provisions to the contrary, notwithstanding. At any time the
32 parties, by stipulation, may amend or modify an award of
33 arbitration.
34 (k) Orders of the arbitration panel shall be reviewable,
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1 upon appropriate petition by either the public employer or
2 the exclusive bargaining representative, by the circuit court
3 for the county in which the dispute arose or in which a
4 majority of the affected employees reside, but only for
5 reasons that the arbitration panel was without or exceeded
6 its statutory authority; the order is arbitrary, or
7 capricious; or the order was procured by fraud, collusion or
8 other similar and unlawful means. Such petitions for review
9 must be filed with the appropriate circuit court within 90
10 days following the issuance of the arbitration order. The
11 pendency of such proceeding for review shall not
12 automatically stay the order of the arbitration panel. The
13 party against whom the final decision of any such court shall
14 be adverse, if such court finds such appeal or petition to be
15 frivolous, shall pay reasonable attorneys' fees and costs to
16 the successful party as determined by said court in its
17 discretion. If said court's decision affirms the award of
18 money, such award, if retroactive, shall bear interest at the
19 rate of 12 percent per annum from the effective retroactive
20 date.
21 (l) During the pendency of proceedings before the
22 arbitration panel, existing wages, hours, and other
23 conditions of employment shall not be changed by action of
24 either party without the consent of the other but a party may
25 so consent without prejudice to his rights or position under
26 this Act. The proceedings are deemed to be pending before
27 the arbitration panel upon the initiation of arbitration
28 procedures under this Act.
29 (m) Security officers of public employers, and Peace
30 Officers, Fire Fighters and fire department and fire
31 protection district paramedics, covered by this Section may
32 not withhold services, nor may public employers lock out or
33 prevent such employees from performing services at any time.
34 (n) All of the terms decided upon by the arbitration
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1 panel shall be included in an agreement to be submitted to
2 the public employer's governing body for ratification and
3 adoption by law, ordinance or the equivalent appropriate
4 means.
5 The governing body shall review each term decided by the
6 arbitration panel. If the governing body fails to reject one
7 or more terms of the arbitration panel's decision by a 3/5
8 vote of those duly elected and qualified members of the
9 governing body, within 20 days of issuance, or in the case of
10 firefighters employed by a state university, at the next
11 regularly scheduled meeting of the governing body after
12 issuance, such term or terms shall become a part of the
13 collective bargaining agreement of the parties. If the
14 governing body affirmatively rejects one or more terms of the
15 arbitration panel's decision, it must provide reasons for
16 such rejection with respect to each term so rejected, within
17 20 days of such rejection and the parties shall return to the
18 arbitration panel for further proceedings and issuance of a
19 supplemental decision with respect to the rejected terms.
20 Any supplemental decision by an arbitration panel or other
21 decision maker agreed to by the parties shall be submitted to
22 the governing body for ratification and adoption in
23 accordance with the procedures and voting requirements set
24 forth in this Section. The voting requirements of this
25 subsection shall apply to all disputes submitted to
26 arbitration pursuant to this Section notwithstanding any
27 contrary voting requirements contained in any existing
28 collective bargaining agreement between the parties.
29 (o) If the governing body of the employer votes to
30 reject the panel's decision, the parties shall return to the
31 panel within 30 days from the issuance of the reasons for
32 rejection for further proceedings and issuance of a
33 supplemental decision. All reasonable costs of such
34 supplemental proceeding including the exclusive
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1 representative's reasonable attorney's fees, as established
2 by the Board, shall be paid by the employer.
3 (p) Notwithstanding the provisions of this Section the
4 employer and exclusive representative may agree to submit
5 unresolved disputes concerning wages, hours, terms and
6 conditions of employment to an alternative form of impasse
7 resolution.
8 (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
9 90-385, eff. 8-15-97; revised 10-27-97.)
10 Section 10. The State Employee Indemnification Act is
11 amended by changing Section 2 as follows:
12 (5 ILCS 350/2) (from Ch. 127, par. 1302)
13 Sec. 2. Representation and indemnification of State
14 employees.
15 (a) In the event that any civil proceeding is commenced
16 against any State employee arising out of any act or omission
17 occurring within the scope of the employee's State
18 employment, the Attorney General shall, upon timely and
19 appropriate notice to him by such employee, appear on behalf
20 of such employee and defend the action. In the event that
21 any civil proceeding is commenced against any physician who
22 is an employee of the Department of Corrections or the
23 Department of Human Services (in a position relating to the
24 Department's mental health and developmental disabilities
25 functions) alleging death or bodily injury or other injury to
26 the person of the complainant resulting from and arising out
27 of any act or omission occurring on or after December 3, 1977
28 within the scope of the employee's State employment, or
29 against any physician who is an employee of the Department of
30 Veterans' Affairs alleging death or bodily injury or other
31 injury to the person of the complainant resulting from and
32 arising out of any act or omission occurring on or after the
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1 effective date of this amendatory Act of 1988 within the
2 scope of the employee's State employment, or in the event
3 that any civil proceeding is commenced against any attorney
4 who is an employee of the State Appellate Defender alleging
5 legal malpractice or for other damages resulting from and
6 arising out of any legal act or omission occurring on or
7 after December 3, 1977, within the scope of the employee's
8 State employment, or in the event that any civil proceeding
9 is commenced against any individual or organization who
10 contracts with the Department of Labor to provide services as
11 a carnival and amusement ride safety inspector alleging
12 malpractice, death or bodily injury or other injury to the
13 person arising out of any act or omission occurring on or
14 after May 1, 1985, within the scope of that employee's State
15 employment, the Attorney General shall, upon timely and
16 appropriate notice to him by such employee, appear on behalf
17 of such employee and defend the action. Any such notice
18 shall be in writing, shall be mailed within 15 days after the
19 date of receipt by the employee of service of process, and
20 shall authorize the Attorney General to represent and defend
21 the employee in the proceeding. The giving of this notice to
22 the Attorney General shall constitute an agreement by the
23 State employee to cooperate with the Attorney General in his
24 defense of the action and a consent that the Attorney General
25 shall conduct the defense as he deems advisable and in the
26 best interests of the employee, including settlement in the
27 Attorney General's discretion. In any such proceeding, the
28 State shall pay the court costs and litigation expenses of
29 defending such action, to the extent approved by the Attorney
30 General as reasonable, as they are incurred.
31 (b) In the event that the Attorney General determines
32 that so appearing and defending an employee either (1)
33 involves an actual or potential conflict of interest, or (2)
34 that the act or omission which gave rise to the claim was not
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1 within the scope of the employee's State employment or was
2 intentional, wilful or wanton misconduct, the Attorney
3 General shall decline in writing to appear or defend or shall
4 promptly take appropriate action to withdraw as attorney for
5 such employee. Upon receipt of such declination or upon such
6 withdrawal by the Attorney General on the basis of an actual
7 or potential conflict of interest, the State employee may
8 employ his own attorney to appear and defend, in which event
9 the State shall pay the employee's court costs, litigation
10 expenses and attorneys' fees to the extent approved by the
11 Attorney General as reasonable, as they are incurred. In the
12 event that the Attorney General declines to appear or
13 withdraws on the grounds that the act or omission was not
14 within the scope of employment, or was intentional, wilful or
15 wanton misconduct, and a court or jury finds that the act or
16 omission of the State employee was within the scope of
17 employment and was not intentional, wilful or wanton
18 misconduct, the State shall indemnify the State employee for
19 any damages awarded and court costs and attorneys' fees
20 assessed as part of any final and unreversed judgment. In
21 such event the State shall also pay the employee's court
22 costs, litigation expenses and attorneys' fees to the extent
23 approved by the Attorney General as reasonable.
24 In the event that the defendant in the proceeding is an
25 elected State official, including members of the General
26 Assembly, the elected State official may retain his or her
27 attorney, provided that said attorney shall be reasonably
28 acceptable to the Attorney General. In such case the State
29 shall pay the elected State official's court costs,
30 litigation expenses, and attorneys' fees, to the extent
31 approved by the Attorney General as reasonable, as they are
32 incurred.
33 (b-5) The Attorney General may file a counterclaim on
34 behalf of a State employee, provided:
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1 (1) the Attorney General determines that the State
2 employee is entitled to representation in a civil action
3 under this Section;
4 (2) the counterclaim arises out of any act or
5 omission occurring within the scope of the employee's
6 State employment that is the subject of the civil action;
7 and
8 (3) the employee agrees in writing that if judgment
9 is entered in favor of the employee, the amount of the
10 judgment shall be applied to offset any judgment that may
11 be entered in favor of the plaintiff, and then to
12 reimburse the State treasury for court costs and
13 litigation expenses required to pursue the counterclaim.
14 The balance of the collected judgment shall be paid to
15 the State employee.
16 (c) Notwithstanding any other provision of this Section,
17 representation and indemnification of a judge under this Act
18 shall also be provided in any case where the plaintiff seeks
19 damages or any equitable relief as a result of any decision,
20 ruling or order of a judge made in the course of his or her
21 judicial or administrative duties, without regard to the
22 theory of recovery employed by the plaintiff.
23 Indemnification shall be for all damages awarded and all
24 court costs, attorney fees and litigation expenses assessed
25 against the judge. When a judge has been convicted of a crime
26 as a result of his or her intentional judicial misconduct in
27 a trial, that judge shall not be entitled to indemnification
28 and representation under this subsection in any case
29 maintained by a party who seeks damages or other equitable
30 relief as a direct result of the judge's intentional judicial
31 misconduct.
32 (d) In any such proceeding where notice in accordance
33 with this Section has been given to the Attorney General,
34 unless the court or jury finds that the conduct or inaction
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1 which gave rise to the claim or cause of action was
2 intentional, wilful or wanton misconduct and was not intended
3 to serve or benefit interests of the State, the State shall
4 indemnify the State employee for any damages awarded and
5 court costs and attorneys' fees assessed as part of any final
6 and unreversed judgment, or shall pay such judgment. Unless
7 the Attorney General determines that the conduct or inaction
8 which gave rise to the claim or cause of action was
9 intentional, wilful or wanton misconduct and was not intended
10 to serve or benefit interests of the State, the case may be
11 settled, in the Attorney General's discretion and with the
12 employee's consent, and the State shall indemnify the
13 employee for any damages, court costs and attorneys' fees
14 agreed to as part of the settlement, or shall pay such
15 settlement. Where the employee is represented by private
16 counsel, any settlement must be so approved by the Attorney
17 General and the court having jurisdiction, which shall
18 obligate the State to indemnify the employee.
19 (e) (i) Court costs and litigation expenses and other
20 costs of providing a defense or counterclaim, including
21 attorneys' fees obligated under this Section, shall be paid
22 from the State Treasury on the warrant of the Comptroller out
23 of appropriations made to the Department of Central
24 Management Services specifically designed for the payment of
25 costs, fees and expenses covered by this Section.
26 (ii) Upon entry of a final judgment against the
27 employee, or upon the settlement of the claim, the employee
28 shall cause to be served a copy of such judgment or
29 settlement, personally or by certified or registered mail
30 within thirty days of the date of entry or settlement, upon
31 the chief administrative officer of the department, office or
32 agency in which he is employed. If not inconsistent with the
33 provisions of this Section, such judgment or settlement shall
34 be certified for payment by such chief administrative officer
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1 and by the Attorney General. The judgment or settlement
2 shall be paid from the State Treasury on the warrant of the
3 Comptroller out of appropriations made to the Department of
4 Central Management Services specifically designed for the
5 payment of claims covered by this Section.
6 (f) Nothing contained or implied in this Section shall
7 operate, or be construed or applied, to deprive the State, or
8 any employee thereof, of any defense heretofore available.
9 (g) This Section shall apply regardless of whether the
10 employee is sued in his or her individual or official
11 capacity.
12 (h) This Section shall not apply to claims for bodily
13 injury or damage to property arising from motor vehicle
14 accidents.
15 (i) This Section shall apply to all proceedings filed on
16 or after its effective date, and to any proceeding pending on
17 its effective date, if the State employee gives notice to the
18 Attorney General as provided in this Section within 30 days
19 of the Act's effective date.
20 (j) The amendatory changes made to this Section by this
21 amendatory Act of 1986 shall apply to all proceedings filed
22 on or after the effective date of this amendatory Act of 1986
23 and to any proceeding pending on its effective date, if the
24 State employee gives notice to the Attorney General as
25 provided in this Section within 30 days of the effective date
26 of this amendatory Act of 1986.
27 (Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
28 revised 3-28-97.)
29 Section 11. The State Salary and Annuity Withholding Act
30 is amended by changing Section 4 as follows:
31 (5 ILCS 365/4) (from Ch. 127, par. 354)
32 Sec. 4. Authorization of withholding. An employee or
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1 annuitant may authorize the withholding of a portion of his
2 salary, wages, or annuity for any one or more of the
3 following purposes:
4 (1) for purchase of United States Savings Bonds;
5 (2) for payment of premiums on life or accident and
6 health insurance as defined in Section 4 of the "Illinois
7 Insurance Code", approved June 29, 1937, as amended, and for
8 payment of premiums on policies of automobile insurance as
9 defined in Section 143.13 of the "Illinois Insurance Code",
10 as amended, and the personal multiperil coverages commonly
11 known as homeowner's insurance. However, no portion of
12 salaries, wages or annuities may be withheld to pay premiums
13 on automobile, homeowner's, life or accident and health
14 insurance policies issued by any one insurance company or
15 insurance service company unless a minimum of 100 employees
16 or annuitants insured by that company authorize the
17 withholding by an Office within 6 months after such
18 withholding begins. If such minimum is not satisfied the
19 Office may discontinue withholding for such company. For any
20 insurance company or insurance service company which has not
21 previously had withholding, the Office may allow withholding
22 for premiums, where less than 100 policies have been written,
23 to cover a probationary period. An insurance company which
24 has discontinued withholding may reinstate it upon
25 presentation of facts indicating new management or
26 re-organization satisfactory to the Office;
27 (3) for payment to any labor organization designated by
28 the employee;
29 (4) for payment of dues to any association the
30 membership of which consists of State employees and former
31 State employees;
32 (5) for deposit in any credit union, in which State
33 employees are within the field of membership as a result of
34 their employment;
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1 (6) for payment to or for the benefit of an institution
2 of higher education by an employee of that institution;
3 (7) for payment of parking fees at the underground
4 facility located south of the William G. Stratton State
5 Office Building in Springfield, the parking ramp located at
6 401 South College Street, west of the William G. Stratton
7 State Office Building in Springfield, or at the parking
8 facilities located on the Urbana-Champaign campus of the
9 University of Illinois;
10 (8) for voluntary payment to the State of Illinois of
11 amounts then due and payable to the State;
12 (9) for investment purchases made as a participant in
13 College Savings Programs established pursuant to Section
14 30-15.8a of the School Code;
15 (10) for voluntary payment to the Illinois Department of
16 Revenue of amounts due or to become due under the Illinois
17 Income Tax Act;
18 (11) for payment of optional contributions to a
19 retirement system subject to the provisions of the Illinois
20 Pension Code;.
21 (12) (10) for contributions to organizations found
22 qualified by the State Comptroller under the requirements set
23 forth in the Voluntary Payroll Deductions Act of 1983.
24 (Source: P.A. 90-102, eff. 7-1-98; 90-448, eff. 8-16-97;
25 revised 11-17-97.)
26 Section 12. The State Employees Group Insurance Act of
27 1971 is amended by changing Sections 3 and 10 and setting
28 forth and renumbering multiple versions of Section 6.9 as
29 follows:
30 (5 ILCS 375/3) (from Ch. 127, par. 523)
31 Sec. 3. Definitions. Unless the context otherwise
32 requires, the following words and phrases as used in this Act
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1 shall have the following meanings. The Department may define
2 these and other words and phrases separately for the purpose
3 of implementing specific programs providing benefits under
4 this Act.
5 (a) "Administrative service organization" means any
6 person, firm or corporation experienced in the handling of
7 claims which is fully qualified, financially sound and
8 capable of meeting the service requirements of a contract of
9 administration executed with the Department.
10 (b) "Annuitant" means (1) an employee who retires, or
11 has retired, on or after January 1, 1966 on an immediate
12 annuity under the provisions of Articles 2, 14, 15 (including
13 an employee who has retired under the optional retirement
14 program established under Section 15-158.2), paragraphs (b)
15 or (c) of Section 16-106, or Article 18 of the Illinois
16 Pension Code; (2) any person who was receiving group
17 insurance coverage under this Act as of March 31, 1978 by
18 reason of his status as an annuitant, even though the annuity
19 in relation to which such coverage was provided is a
20 proportional annuity based on less than the minimum period of
21 service required for a retirement annuity in the system
22 involved; (3) any person not otherwise covered by this Act
23 who has retired as a participating member under Article 2 of
24 the Illinois Pension Code but is ineligible for the
25 retirement annuity under Section 2-119 of the Illinois
26 Pension Code; (4) the spouse of any person who is receiving a
27 retirement annuity under Article 18 of the Illinois Pension
28 Code and who is covered under a group health insurance
29 program sponsored by a governmental employer other than the
30 State of Illinois and who has irrevocably elected to waive
31 his or her coverage under this Act and to have his or her
32 spouse considered as the "annuitant" under this Act and not
33 as a "dependent"; or (5) an employee who retires, or has
34 retired, from a qualified position, as determined according
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1 to rules promulgated by the Director, under a qualified local
2 government or a qualified rehabilitation facility or a
3 qualified domestic violence shelter or service. (For
4 definition of "retired employee", see (p) post).
5 (b-5) "New SERS annuitant" means a person who, on or
6 after January 1, 1998, becomes an annuitant, as defined in
7 subsection (b), by virtue of beginning to receive a
8 retirement annuity under Article 14 of the Illinois Pension
9 Code, and is eligible to participate in the basic program of
10 group health benefits provided for annuitants under this Act.
11 (b-6) "New SURS annuitant" means a person who, on or
12 after January 1, 1998, becomes an annuitant, as defined in
13 subsection (b), by virtue of beginning to receive a
14 retirement annuity under Article 15 of the Illinois Pension
15 Code, and is eligible to participate in the basic program of
16 group health benefits provided for annuitants under this Act.
17 (c) "Carrier" means (1) an insurance company, a
18 corporation organized under the Limited Health Service
19 Organization Act or the Voluntary Health Services Plan Act, a
20 partnership, or other nongovernmental organization, which is
21 authorized to do group life or group health insurance
22 business in Illinois, or (2) the State of Illinois as a
23 self-insurer.
24 (d) "Compensation" means salary or wages payable on a
25 regular payroll by the State Treasurer on a warrant of the
26 State Comptroller out of any State, trust or federal fund, or
27 by the Governor of the State through a disbursing officer of
28 the State out of a trust or out of federal funds, or by any
29 Department out of State, trust, federal or other funds held
30 by the State Treasurer or the Department, to any person for
31 personal services currently performed, and ordinary or
32 accidental disability benefits under Articles 2, 14, 15
33 (including ordinary or accidental disability benefits under
34 the optional retirement program established under Section
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1 15-158.2), paragraphs (b) or (c) of Section 16-106, or
2 Article 18 of the Illinois Pension Code, for disability
3 incurred after January 1, 1966, or benefits payable under the
4 Workers' Compensation or Occupational Diseases Act or
5 benefits payable under a sick pay plan established in
6 accordance with Section 36 of the State Finance Act.
7 "Compensation" also means salary or wages paid to an employee
8 of any qualified local government or qualified rehabilitation
9 facility or a qualified domestic violence shelter or service.
10 (e) "Commission" means the State Employees Group
11 Insurance Advisory Commission authorized by this Act.
12 Commencing July 1, 1984, "Commission" as used in this Act
13 means the Illinois Economic and Fiscal Commission as
14 established by the Legislative Commission Reorganization Act
15 of 1984.
16 (f) "Contributory", when referred to as contributory
17 coverage, shall mean optional coverages or benefits elected
18 by the member toward the cost of which such member makes
19 contribution, or which are funded in whole or in part through
20 the acceptance of a reduction in earnings or the foregoing of
21 an increase in earnings by an employee, as distinguished from
22 noncontributory coverage or benefits which are paid entirely
23 by the State of Illinois without reduction of the member's
24 salary.
25 (g) "Department" means any department, institution,
26 board, commission, officer, court or any agency of the State
27 government receiving appropriations and having power to
28 certify payrolls to the Comptroller authorizing payments of
29 salary and wages against such appropriations as are made by
30 the General Assembly from any State fund, or against trust
31 funds held by the State Treasurer and includes boards of
32 trustees of the retirement systems created by Articles 2, 14,
33 15, 16 and 18 of the Illinois Pension Code. "Department"
34 also includes the Illinois Comprehensive Health Insurance
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1 Board, the Board of Examiners established under the Illinois
2 Public Accounting Act, and the Illinois Rural Bond Bank.
3 (h) "Dependent", when the term is used in the context of
4 the health and life plan, means a member's spouse and any
5 unmarried child (1) from birth to age 19 including an adopted
6 child, a child who lives with the member from the time of the
7 filing of a petition for adoption until entry of an order of
8 adoption, a stepchild or recognized child who lives with the
9 member in a parent-child relationship, or a child who lives
10 with the member if such member is a court appointed guardian
11 of the child, or (2) age 19 to 23 enrolled as a full-time
12 student in any accredited school, financially dependent upon
13 the member, and eligible as a dependent for Illinois State
14 income tax purposes, or (3) age 19 or over who is mentally or
15 physically handicapped as defined in the Illinois Insurance
16 Code. For the health plan only, the term "dependent" also
17 includes any person enrolled prior to the effective date of
18 this Section who is dependent upon the member to the extent
19 that the member may claim such person as a dependent for
20 Illinois State income tax deduction purposes; no other such
21 person may be enrolled.
22 (i) "Director" means the Director of the Illinois
23 Department of Central Management Services.
24 (j) "Eligibility period" means the period of time a
25 member has to elect enrollment in programs or to select
26 benefits without regard to age, sex or health.
27 (k) "Employee" means and includes each officer or
28 employee in the service of a department who (1) receives his
29 compensation for service rendered to the department on a
30 warrant issued pursuant to a payroll certified by a
31 department or on a warrant or check issued and drawn by a
32 department upon a trust, federal or other fund or on a
33 warrant issued pursuant to a payroll certified by an elected
34 or duly appointed officer of the State or who receives
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1 payment of the performance of personal services on a warrant
2 issued pursuant to a payroll certified by a Department and
3 drawn by the Comptroller upon the State Treasurer against
4 appropriations made by the General Assembly from any fund or
5 against trust funds held by the State Treasurer, and (2) is
6 employed full-time or part-time in a position normally
7 requiring actual performance of duty during not less than 1/2
8 of a normal work period, as established by the Director in
9 cooperation with each department, except that persons elected
10 by popular vote will be considered employees during the
11 entire term for which they are elected regardless of hours
12 devoted to the service of the State, and (3) except that
13 "employee" does not include any person who is not eligible by
14 reason of such person's employment to participate in one of
15 the State retirement systems under Articles 2, 14, 15 (either
16 the regular Article 15 system or the optional retirement
17 program established under Section 15-158.2) or 18, or under
18 paragraph (b) or (c) of Section 16-106, of the Illinois
19 Pension Code, but such term does include persons who are
20 employed during the 6 month qualifying period under Article
21 14 of the Illinois Pension Code. Such term also includes any
22 person who (1) after January 1, 1966, is receiving ordinary
23 or accidental disability benefits under Articles 2, 14, 15
24 (including ordinary or accidental disability benefits under
25 the optional retirement program established under Section
26 15-158.2), paragraphs (b) or (c) of Section 16-106, or
27 Article 18 of the Illinois Pension Code, for disability
28 incurred after January 1, 1966, (2) receives total permanent
29 or total temporary disability under the Workers' Compensation
30 Act or Occupational Disease Act as a result of injuries
31 sustained or illness contracted in the course of employment
32 with the State of Illinois, or (3) is not otherwise covered
33 under this Act and has retired as a participating member
34 under Article 2 of the Illinois Pension Code but is
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1 ineligible for the retirement annuity under Section 2-119 of
2 the Illinois Pension Code. However, a person who satisfies
3 the criteria of the foregoing definition of "employee" except
4 that such person is made ineligible to participate in the
5 State Universities Retirement System by clause (4) of
6 subsection (a) of Section 15-107 of the Illinois Pension Code
7 is also an "employee" for the purposes of this Act.
8 "Employee" also includes any person receiving or eligible for
9 benefits under a sick pay plan established in accordance with
10 Section 36 of the State Finance Act. "Employee" also includes
11 each officer or employee in the service of a qualified local
12 government, including persons appointed as trustees of
13 sanitary districts regardless of hours devoted to the service
14 of the sanitary district, and each employee in the service of
15 a qualified rehabilitation facility and each full-time
16 employee in the service of a qualified domestic violence
17 shelter or service, as determined according to rules
18 promulgated by the Director.
19 (l) "Member" means an employee, annuitant, retired
20 employee or survivor.
21 (m) "Optional coverages or benefits" means those
22 coverages or benefits available to the member on his or her
23 voluntary election, and at his or her own expense.
24 (n) "Program" means the group life insurance, health
25 benefits and other employee benefits designed and contracted
26 for by the Director under this Act.
27 (o) "Health plan" means a self-insured health insurance
28 program offered by the State of Illinois for the purposes of
29 benefiting employees by means of providing, among others,
30 wellness programs, utilization reviews, second opinions and
31 medical fee reviews, as well as for paying for hospital and
32 medical care up to the maximum coverage provided by the plan,
33 to its members and their dependents.
34 (p) "Retired employee" means any person who would be an
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1 annuitant as that term is defined herein but for the fact
2 that such person retired prior to January 1, 1966. Such term
3 also includes any person formerly employed by the University
4 of Illinois in the Cooperative Extension Service who would be
5 an annuitant but for the fact that such person was made
6 ineligible to participate in the State Universities
7 Retirement System by clause (4) of subsection (a) of Section
8 15-107 of the Illinois Pension Code.
9 (p-6) "New SURS retired employee" means a person who, on
10 or after January 1, 1998, becomes a retired employee, as
11 defined in subsection (p), by virtue of being a person
12 formerly employed by the University of Illinois in the
13 Cooperative Extension Service who would be an annuitant but
14 for the fact that he or she was made ineligible to
15 participate in the State Universities Retirement System by
16 clause (4) of subsection (a) of Section 15-107 of the
17 Illinois Pension Code, and who is eligible to participate in
18 the basic program of group health benefits provided for
19 retired employees under this Act.
20 (q) "Survivor" means a person receiving an annuity as a
21 survivor of an employee or of an annuitant. "Survivor" also
22 includes: (1) the surviving dependent of a person who
23 satisfies the definition of "employee" except that such
24 person is made ineligible to participate in the State
25 Universities Retirement System by clause (4) of subsection
26 (a) of Section 15-107 of the Illinois Pension Code; and (2)
27 the surviving dependent of any person formerly employed by
28 the University of Illinois in the Cooperative Extension
29 Service who would be an annuitant except for the fact that
30 such person was made ineligible to participate in the State
31 Universities Retirement System by clause (4) of subsection
32 (a) of Section 15-107 of the Illinois Pension Code.
33 (q-5) "New SERS survivor" means a survivor, as defined
34 in subsection (q), whose annuity is paid under Article 14 of
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1 the Illinois Pension Code and is based on the death of (i) an
2 employee whose death occurs on or after January 1, 1998, or
3 (ii) a new SERS annuitant as defined in subsection (b-5).
4 (q-6) "New SURS survivor" means a survivor, as defined
5 in subsection (q), whose annuity is paid under Article 15 of
6 the Illinois Pension Code and is based on the death of (i) an
7 employee whose death occurs on or after January 1, 1998, (ii)
8 a new SURS annuitant as defined in subsection (b-6), or (iii)
9 a new SURS retired employee as defined in subsection (p-6).
10 (r) "Medical services" means the services provided
11 within the scope of their licenses by practitioners in all
12 categories licensed under the Medical Practice Act of 1987.
13 (s) "Unit of local government" means any county,
14 municipality, township, school district, special district or
15 other unit, designated as a unit of local government by law,
16 which exercises limited governmental powers or powers in
17 respect to limited governmental subjects, any not-for-profit
18 association with a membership that primarily includes
19 townships and township officials, that has duties that
20 include provision of research service, dissemination of
21 information, and other acts for the purpose of improving
22 township government, and that is funded wholly or partly in
23 accordance with Section 85-15 of the Township Code; any
24 not-for-profit corporation or association, with a membership
25 consisting primarily of municipalities, that operates its own
26 utility system, and provides research, training,
27 dissemination of information, or other acts to promote
28 cooperation between and among municipalities that provide
29 utility services and for the advancement of the goals and
30 purposes of its membership; and the Illinois Association of
31 Park Districts. "Qualified local government" means a unit of
32 local government approved by the Director and participating
33 in a program created under subsection (i) of Section 10 of
34 this Act.
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1 (t) "Qualified rehabilitation facility" means any
2 not-for-profit organization that is accredited by the
3 Commission on Accreditation of Rehabilitation Facilities or
4 certified by the Department of Human Services (as successor
5 to the Department of Mental Health and Developmental
6 Disabilities) to provide services to persons with
7 disabilities and which receives funds from the State of
8 Illinois for providing those services, approved by the
9 Director and participating in a program created under
10 subsection (j) of Section 10 of this Act.
11 (u) "Qualified domestic violence shelter or service"
12 means any Illinois domestic violence shelter or service and
13 its administrative offices funded by the Department of Human
14 Services (as successor to the Illinois Department of Public
15 Aid), approved by the Director and participating in a program
16 created under subsection (k) of Section 10.
17 (v) "TRS benefit recipient" means a person who:
18 (1) is not a "member" as defined in this Section;
19 and
20 (2) is receiving a monthly benefit or retirement
21 annuity under Article 16 of the Illinois Pension Code;
22 and
23 (3) either (i) has at least 8 years of creditable
24 service under Article 16 of the Illinois Pension Code, or
25 (ii) was enrolled in the health insurance program offered
26 under that Article on January 1, 1996, or (iii) is the
27 survivor of a benefit recipient who had at least 8 years
28 of creditable service under Article 16 of the Illinois
29 Pension Code or was enrolled in the health insurance
30 program offered under that Article on the effective date
31 of this amendatory Act of 1995, or (iv) is a recipient or
32 survivor of a recipient of a disability benefit under
33 Article 16 of the Illinois Pension Code.
34 (w) "TRS dependent beneficiary" means a person who:
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1 (1) is not a "member" or "dependent" as defined in
2 this Section; and
3 (2) is a TRS benefit recipient's: (A) spouse, (B)
4 dependent parent who is receiving at least half of his or
5 her support from the TRS benefit recipient, or (C)
6 unmarried natural or adopted child who is (i) under age
7 19, or (ii) enrolled as a full-time student in an
8 accredited school, financially dependent upon the TRS
9 benefit recipient, eligible as a dependent for Illinois
10 State income tax purposes, and either is under age 24 or
11 was, on January 1, 1996, participating as a dependent
12 beneficiary in the health insurance program offered under
13 Article 16 of the Illinois Pension Code, or (iii) age 19
14 or over who is mentally or physically handicapped as
15 defined in the Illinois Insurance Code.
16 (x) "Military leave with pay and benefits" refers to
17 individuals in basic training for reserves, special/advanced
18 training, annual training, emergency call up, or activation
19 by the President of the United States with approved pay and
20 benefits.
21 (y) "Military leave without pay and benefits" refers to
22 individuals who enlist for active duty in a regular component
23 of the U.S. Armed Forces or other duty not specified or
24 authorized under military leave with pay and benefits.
25 (z) "Community college benefit recipient" means a person
26 who:
27 (1) is not a "member" as defined in this Section;
28 and
29 (2) is receiving a monthly survivor's annuity or
30 retirement annuity under Article 15 of the Illinois
31 Pension Code; and
32 (3) either (i) was a full-time employee of a
33 community college district or an association of community
34 college boards created under the Public Community College
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1 Act (other than an employee whose last employer under
2 Article 15 of the Illinois Pension Code was a community
3 college district subject to Article VII of the Public
4 Community College Act) and was eligible to participate in
5 a group health benefit plan as an employee during the
6 time of employment with a community college district
7 (other than a community college district subject to
8 Article VII of the Public Community College Act) or an
9 association of community college boards, or (ii) is the
10 survivor of a person described in item (i).
11 (aa) "Community college dependent beneficiary" means a
12 person who:
13 (1) is not a "member" or "dependent" as defined in
14 this Section; and
15 (2) is a community college benefit recipient's: (A)
16 spouse, (B) dependent parent who is receiving at least
17 half of his or her support from the community college
18 benefit recipient, or (C) unmarried natural or adopted
19 child who is (i) under age 19, or (ii) enrolled as a
20 full-time student in an accredited school, financially
21 dependent upon the community college benefit recipient,
22 eligible as a dependent for Illinois State income tax
23 purposes and under age 23, or (iii) age 19 or over and
24 mentally or physically handicapped as defined in the
25 Illinois Insurance Code.
26 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
27 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
28 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
29 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
30 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
31 revised 10-13-97.)
32 (5 ILCS 375/6.9)
33 Sec. 6.9. Health benefits for community college benefit
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1 recipients and community college dependent beneficiaries.
2 (a) Purpose. It is the purpose of this amendatory Act
3 of 1997 to establish a uniform program of health benefits for
4 community college benefit recipients and their dependent
5 beneficiaries under the administration of the Department of
6 Central Management Services.
7 (b) Creation of program. Beginning July 1, 1999, the
8 Department of Central Management Services shall be
9 responsible for administering a program of health benefits
10 for community college benefit recipients and community
11 college dependent beneficiaries under this Section. The
12 State Universities Retirement System and the boards of
13 trustees of the various community college districts shall
14 cooperate with the Department in this endeavor.
15 (c) Eligibility. All community college benefit
16 recipients and community college dependent beneficiaries
17 shall be eligible to participate in the program established
18 under this Section, without any interruption or delay in
19 coverage or limitation as to pre-existing medical conditions.
20 Eligibility to participate shall be determined by the State
21 Universities Retirement System. Eligibility information
22 shall be communicated to the Department of Central Management
23 Services in a format acceptable to the Department.
24 (d) Coverage. The health benefit coverage provided
25 under this Section shall be a program of health, dental, and
26 vision benefits.
27 The program of health benefits under this Section may
28 include any or all of the benefit limitations, including but
29 not limited to a reduction in benefits based on eligibility
30 for federal medicare benefits, that are provided under
31 subsection (a) of Section 6 of this Act for other health
32 benefit programs under this Act.
33 (e) Insurance rates and premiums. The Director shall
34 determine the insurance rates and premiums for community
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1 college benefit recipients and community college dependent
2 beneficiaries. Rates and premiums may be based in part on
3 age and eligibility for federal Medicare coverage. The
4 Director shall also determine premiums that will allow for
5 the establishment of an actuarially sound reserve for this
6 program.
7 The cost of health benefits under the program shall be
8 paid as follows:
9 (1) For a community college benefit recipient, up
10 to 75% of the total insurance rate shall be paid from the
11 Community College Health Insurance Security Fund.
12 (2) The balance of the rate of insurance, including
13 the entire premium for any coverage for community college
14 dependent beneficiaries that has been elected, shall be
15 paid by deductions authorized by the community college
16 benefit recipient to be withheld from his or her monthly
17 annuity or benefit payment from the State Universities
18 Retirement System; except that (i) if the balance of the
19 cost of coverage exceeds the amount of the monthly
20 annuity or benefit payment, the difference shall be paid
21 directly to the State Universities Retirement System by
22 the community college benefit recipient, and (ii) all or
23 part of the balance of the cost of coverage may, at the
24 option of the board of trustees of the community college
25 district, be paid to the State Universities Retirement
26 System by the board of the community college district
27 from which the community college benefit recipient
28 retired. The State Universities Retirement System shall
29 promptly deposit all moneys withheld by or paid to it
30 under this subdivision (e)(2) into the Community College
31 Health Insurance Security Fund. These moneys shall not
32 be considered assets of the State Universities Retirement
33 System.
34 (f) Financing. All revenues arising from the
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1 administration of the health benefit program established
2 under this Section shall be deposited into the Community
3 College Health Insurance Security Fund, which is hereby
4 created as a nonappropriated trust fund to be held outside
5 the State Treasury, with the State Treasurer as custodian.
6 Any interest earned on moneys in the Community College Health
7 Insurance Security Fund shall be deposited into the Fund.
8 Moneys in the Community College Health Insurance Security
9 Fund shall be used only to pay the costs of the health
10 benefit program established under this Section, including
11 associated administrative costs and the establishment of a
12 program reserve. Beginning January 1, 1999, the Department
13 of Central Management Services may make expenditures from the
14 Community College Health Insurance Security Fund for those
15 costs.
16 (g) Contract for benefits. The Director shall by
17 contract, self-insurance, or otherwise make available the
18 program of health benefits for community college benefit
19 recipients and their community college dependent
20 beneficiaries that is provided for in this Section. The
21 contract or other arrangement for the provision of these
22 health benefits shall be on terms deemed by the Director to
23 be in the best interest of the State of Illinois and the
24 community college benefit recipients based on, but not
25 limited to, such criteria as administrative cost, service
26 capabilities of the carrier or other contractor, and the
27 costs of the benefits.
28 (h) Continuation of program. It is the intention of the
29 General Assembly that the program of health benefits provided
30 under this Section be maintained on an ongoing, affordable
31 basis. The program of health benefits provided under this
32 Section may be amended by the State and is not intended to be
33 a pension or retirement benefit subject to protection under
34 Article XIII, Section 5 of the Illinois Constitution.
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1 (i) Other health benefit plans. A health benefit plan
2 provided by a community college district (other than a
3 community college district subject to Article VII of the
4 Public Community College Act) under the terms of a collective
5 bargaining agreement in effect on or prior to the effective
6 date of this amendatory Act of 1997 shall continue in force
7 according to the terms of that agreement, unless otherwise
8 mutually agreed by the parties to that agreement and the
9 affected retiree. A community college benefit recipient or
10 community college dependent beneficiary whose coverage under
11 such a plan expires shall be eligible to begin participating
12 in the program established under this Section without any
13 interruption or delay in coverage or limitation as to
14 pre-existing medical conditions.
15 This Act does not prohibit any community college district
16 from offering additional health benefits for its retirees or
17 their dependents or survivors.
18 (Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)
19 (5 ILCS 375/6.11)
20 Sec. 6.11. 6.9. Required health benefits. The program
21 of health benefits shall provide the post-mastectomy care
22 benefits required to be covered by a policy of accident and
23 health insurance under Section 356t of the Illinois Insurance
24 Code. The program of health benefits shall provide the
25 coverage required under Section 356u of the Illinois
26 Insurance Code.
27 (Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)
28 (5 ILCS 375/10) (from Ch. 127, par. 530)
29 Sec. 10. Payments by State; premiums.
30 (a) The State shall pay the cost of basic
31 non-contributory group life insurance and, subject to member
32 paid contributions set by the Department or required by this
HB1268 Enrolled -54- LRB9000999EGfg
1 Section, the basic program of group health benefits on each
2 eligible member, except a member, not otherwise covered by
3 this Act, who has retired as a participating member under
4 Article 2 of the Illinois Pension Code but is ineligible for
5 the retirement annuity under Section 2-119 of the Illinois
6 Pension Code, and part of each eligible member's and retired
7 member's premiums for health insurance coverage for enrolled
8 dependents as provided by Section 9. The State shall pay the
9 cost of the basic program of group health benefits only after
10 benefits are reduced by the amount of benefits covered by
11 Medicare for all retired members and retired dependents aged
12 65 years or older who are entitled to benefits under Social
13 Security or the Railroad Retirement system or who had
14 sufficient Medicare-covered government employment except that
15 such reduction in benefits shall apply only to those retired
16 members or retired dependents who (1) first become eligible
17 for such Medicare coverage on or after July 1, 1992; or (2)
18 remain eligible for, but no longer receive Medicare coverage
19 which they had been receiving on or after July 1, 1992. The
20 Department may determine the aggregate level of the State's
21 contribution on the basis of actual cost of medical services
22 adjusted for age, sex or geographic or other demographic
23 characteristics which affect the costs of such programs.
24 (a-1) Beginning January 1, 1998, for each person who
25 becomes a new SERS annuitant and participates in the basic
26 program of group health benefits, the State shall contribute
27 toward the cost of the annuitant's coverage under the basic
28 program of group health benefits an amount equal to 5% of
29 that cost for each full year of creditable service upon which
30 the annuitant's retirement annuity is based, up to a maximum
31 of 100% for an annuitant with 20 or more years of creditable
32 service. The remainder of the cost of a new SERS annuitant's
33 coverage under the basic program of group health benefits
34 shall be the responsibility of the annuitant.
HB1268 Enrolled -55- LRB9000999EGfg
1 (a-2) Beginning January 1, 1998, for each person who
2 becomes a new SERS survivor and participates in the basic
3 program of group health benefits, the State shall contribute
4 toward the cost of the survivor's coverage under the basic
5 program of group health benefits an amount equal to 5% of
6 that cost for each full year of the deceased employee's or
7 deceased annuitant's creditable service in the State
8 Employees' Retirement System of Illinois on the date of
9 death, up to a maximum of 100% for a survivor of an employee
10 or annuitant with 20 or more years of creditable service.
11 The remainder of the cost of the new SERS survivor's coverage
12 under the basic program of group health benefits shall be the
13 responsibility of the survivor.
14 (a-3) Beginning January 1, 1998, for each person who
15 becomes a new SURS annuitant and participates in the basic
16 program of group health benefits, the State shall contribute
17 toward the cost of the annuitant's coverage under the basic
18 program of group health benefits an amount equal to 5% of
19 that cost for each full year of creditable service upon which
20 the annuitant's retirement annuity is based, up to a maximum
21 of 100% for an annuitant with 20 or more years of creditable
22 service. The remainder of the cost of a new SURS annuitant's
23 coverage under the basic program of group health benefits
24 shall be the responsibility of the annuitant.
25 (a-4) Beginning January 1, 1998, for each person who
26 becomes a new SURS retired employee and participates in the
27 basic program of group health benefits, the State shall
28 contribute toward the cost of the retired employee's coverage
29 under the basic program of group health benefits an amount
30 equal to 5% of that cost for each full year that the retired
31 employee was an employee as defined in Section 3, up to a
32 maximum of 100% for a retired employee who was an employee
33 for 20 or more years. The remainder of the cost of a new
34 SURS retired employee's coverage under the basic program of
HB1268 Enrolled -56- LRB9000999EGfg
1 group health benefits shall be the responsibility of the
2 retired employee.
3 (a-5) Beginning January 1, 1998, for each person who
4 becomes a new SURS survivor and participates in the basic
5 program of group health benefits, the State shall contribute
6 toward the cost of the survivor's coverage under the basic
7 program of group health benefits an amount equal to 5% of
8 that cost for each full year of the deceased employee's or
9 deceased annuitant's creditable service in the State
10 Universities Employees' Retirement System of Illinois on the
11 date of death, up to a maximum of 100% for a survivor of an
12 employee or annuitant with 20 or more years of creditable
13 service. The remainder of the cost of the new SURS
14 survivor's coverage under the basic program of group health
15 benefits shall be the responsibility of the survivor.
16 (a-6) A new SERS annuitant, new SERS survivor, new SURS
17 annuitant, new SURS retired employee, or new SURS survivor
18 may waive or terminate coverage in the program of group
19 health benefits. Any such annuitant, survivor, or retired
20 employee who has waived or terminated coverage may enroll or
21 re-enroll in the program of group health benefits only during
22 the annual benefit choice period, as determined by the
23 Director; except that in the event of termination of coverage
24 due to nonpayment of premiums, the annuitant, survivor, or
25 retired employee may not re-enroll in the program.
26 (a-7) No later than May 1 of each calendar year, the
27 Director of Central Management Services shall certify in
28 writing to the Executive Secretary of the State Employees'
29 Employee's Retirement System of Illinois the amounts of the
30 Medicare supplement health care premiums and the amounts of
31 the health care premiums for all other retirees who are not
32 Medicare eligible.
33 A separate calculation of the premiums based upon the
34 actual cost of each health care plan shall be so certified.
HB1268 Enrolled -57- LRB9000999EGfg
1 The Director of Central Management Services shall provide
2 to the Executive Secretary of the State Employees' Employee's
3 Retirement System of Illinois such information, statistics,
4 and other data as he or she he/she may require to review the
5 premium amounts certified by the Director of Central
6 Management Services.
7 (b) State employees who become eligible for this program
8 on or after January 1, 1980 in positions, normally requiring
9 actual performance of duty not less than 1/2 of a normal work
10 period but not equal to that of a normal work period, shall
11 be given the option of participating in the available
12 program. If the employee elects coverage, the State shall
13 contribute on behalf of such employee to the cost of the
14 employee's benefit and any applicable dependent supplement,
15 that sum which bears the same percentage as that percentage
16 of time the employee regularly works when compared to normal
17 work period.
18 (c) The basic non-contributory coverage from the basic
19 program of group health benefits shall be continued for each
20 employee not in pay status or on active service by reason of
21 (1) leave of absence due to illness or injury, (2) authorized
22 educational leave of absence or sabbatical leave, or (3)
23 military leave with pay and benefits. This coverage shall
24 continue until expiration of authorized leave and return to
25 active service, but not to exceed 24 months for leaves under
26 item (1) or (2). This 24-month limitation and the requirement
27 of returning to active service shall not apply to persons
28 receiving ordinary or accidental disability benefits or
29 retirement benefits through the appropriate State retirement
30 system or benefits under the Workers' Compensation or
31 Occupational Disease Act.
32 (d) The basic group life insurance coverage shall
33 continue, with full State contribution, where such person is
34 (1) absent from active service by reason of disability
HB1268 Enrolled -58- LRB9000999EGfg
1 arising from any cause other than self-inflicted, (2) on
2 authorized educational leave of absence or sabbatical leave,
3 or (3) on military leave with pay and benefits.
4 (e) Where the person is in non-pay status for a period
5 in excess of 30 days or on leave of absence, other than by
6 reason of disability, educational or sabbatical leave, or
7 military leave with pay and benefits, such person may
8 continue coverage only by making personal payment equal to
9 the amount normally contributed by the State on such person's
10 behalf. Such payments and coverage may be continued: (1)
11 until such time as the person returns to a status eligible
12 for coverage at State expense, but not to exceed 24 months,
13 (2) until such person's employment or annuitant status with
14 the State is terminated, or (3) for a maximum period of 4
15 years for members on military leave with pay and benefits and
16 military leave without pay and benefits (exclusive of any
17 additional service imposed pursuant to law).
18 (f) The Department shall establish by rule the extent
19 to which other employee benefits will continue for persons in
20 non-pay status or who are not in active service.
21 (g) The State shall not pay the cost of the basic
22 non-contributory group life insurance, program of health
23 benefits and other employee benefits for members who are
24 survivors as defined by paragraphs (1) and (2) of subsection
25 (q) of Section 3 of this Act. The costs of benefits for
26 these survivors shall be paid by the survivors or by the
27 University of Illinois Cooperative Extension Service, or any
28 combination thereof.
29 (h) Those persons occupying positions with any
30 department as a result of emergency appointments pursuant to
31 Section 8b.8 of the Personnel Code who are not considered
32 employees under this Act shall be given the option of
33 participating in the programs of group life insurance, health
34 benefits and other employee benefits. Such persons electing
HB1268 Enrolled -59- LRB9000999EGfg
1 coverage may participate only by making payment equal to the
2 amount normally contributed by the State for similarly
3 situated employees. Such amounts shall be determined by the
4 Director. Such payments and coverage may be continued until
5 such time as the person becomes an employee pursuant to this
6 Act or such person's appointment is terminated.
7 (i) Any unit of local government within the State of
8 Illinois may apply to the Director to have its employees,
9 annuitants, and their dependents provided group health
10 coverage under this Act on a non-insured basis. To
11 participate, a unit of local government must agree to enroll
12 all of its employees, who may select coverage under either
13 the State group health insurance plan or a health maintenance
14 organization that has contracted with the State to be
15 available as a health care provider for employees as defined
16 in this Act. A unit of local government must remit the
17 entire cost of providing coverage under the State group
18 health insurance plan or, for coverage under a health
19 maintenance organization, an amount determined by the
20 Director based on an analysis of the sex, age, geographic
21 location, or other relevant demographic variables for its
22 employees, except that the unit of local government shall not
23 be required to enroll those of its employees who are covered
24 spouses or dependents under this plan or another group policy
25 or plan providing health benefits as long as (1) an
26 appropriate official from the unit of local government
27 attests that each employee not enrolled is a covered spouse
28 or dependent under this plan or another group policy or plan,
29 and (2) at least 85% of the employees are enrolled and the
30 unit of local government remits the entire cost of providing
31 coverage to those employees. Employees of a participating
32 unit of local government who are not enrolled due to coverage
33 under another group health policy or plan may enroll at a
34 later date subject to submission of satisfactory evidence of
HB1268 Enrolled -60- LRB9000999EGfg
1 insurability and provided that no benefits shall be payable
2 for services incurred during the first 6 months of coverage
3 to the extent the services are in connection with any
4 pre-existing condition. A participating unit of local
5 government may also elect to cover its annuitants. Dependent
6 coverage shall be offered on an optional basis, with the
7 costs paid by the unit of local government, its employees, or
8 some combination of the two as determined by the unit of
9 local government. The unit of local government shall be
10 responsible for timely collection and transmission of
11 dependent premiums.
12 The Director shall annually determine monthly rates of
13 payment, subject to the following constraints:
14 (1) In the first year of coverage, the rates shall
15 be equal to the amount normally charged to State
16 employees for elected optional coverages or for enrolled
17 dependents coverages or other contributory coverages, or
18 contributed by the State for basic insurance coverages on
19 behalf of its employees, adjusted for differences between
20 State employees and employees of the local government in
21 age, sex, geographic location or other relevant
22 demographic variables, plus an amount sufficient to pay
23 for the additional administrative costs of providing
24 coverage to employees of the unit of local government and
25 their dependents.
26 (2) In subsequent years, a further adjustment shall
27 be made to reflect the actual prior years' claims
28 experience of the employees of the unit of local
29 government.
30 In the case of coverage of local government employees
31 under a health maintenance organization, the Director shall
32 annually determine for each participating unit of local
33 government the maximum monthly amount the unit may contribute
34 toward that coverage, based on an analysis of (i) the age,
HB1268 Enrolled -61- LRB9000999EGfg
1 sex, geographic location, and other relevant demographic
2 variables of the unit's employees and (ii) the cost to cover
3 those employees under the State group health insurance plan.
4 The Director may similarly determine the maximum monthly
5 amount each unit of local government may contribute toward
6 coverage of its employees' dependents under a health
7 maintenance organization.
8 Monthly payments by the unit of local government or its
9 employees for group health insurance or health maintenance
10 organization coverage shall be deposited in the Local
11 Government Health Insurance Reserve Fund. The Local
12 Government Health Insurance Reserve Fund shall be a
13 continuing fund not subject to fiscal year limitations. All
14 expenditures from this fund shall be used for payments for
15 health care benefits for local government and rehabilitation
16 facility employees, annuitants, and dependents, and to
17 reimburse the Department or its administrative service
18 organization for all expenses incurred in the administration
19 of benefits. No other State funds may be used for these
20 purposes.
21 A local government employer's participation or desire to
22 participate in a program created under this subsection shall
23 not limit that employer's duty to bargain with the
24 representative of any collective bargaining unit of its
25 employees.
26 (j) Any rehabilitation facility within the State of
27 Illinois may apply to the Director to have its employees,
28 annuitants, and their dependents provided group health
29 coverage under this Act on a non-insured basis. To
30 participate, a rehabilitation facility must agree to enroll
31 all of its employees and remit the entire cost of providing
32 such coverage for its employees, except that the
33 rehabilitation facility shall not be required to enroll those
34 of its employees who are covered spouses or dependents under
HB1268 Enrolled -62- LRB9000999EGfg
1 this plan or another group policy or plan providing health
2 benefits as long as (1) an appropriate official from the
3 rehabilitation facility attests that each employee not
4 enrolled is a covered spouse or dependent under this plan or
5 another group policy or plan, and (2) at least 85% of the
6 employees are enrolled and the rehabilitation facility remits
7 the entire cost of providing coverage to those employees.
8 Employees of a participating rehabilitation facility who are
9 not enrolled due to coverage under another group health
10 policy or plan may enroll at a later date subject to
11 submission of satisfactory evidence of insurability and
12 provided that no benefits shall be payable for services
13 incurred during the first 6 months of coverage to the extent
14 the services are in connection with any pre-existing
15 condition. A participating rehabilitation facility may also
16 elect to cover its annuitants. Dependent coverage shall be
17 offered on an optional basis, with the costs paid by the
18 rehabilitation facility, its employees, or some combination
19 of the 2 as determined by the rehabilitation facility. The
20 rehabilitation facility shall be responsible for timely
21 collection and transmission of dependent premiums.
22 The Director shall annually determine quarterly rates of
23 payment, subject to the following constraints:
24 (1) In the first year of coverage, the rates shall
25 be equal to the amount normally charged to State
26 employees for elected optional coverages or for enrolled
27 dependents coverages or other contributory coverages on
28 behalf of its employees, adjusted for differences between
29 State employees and employees of the rehabilitation
30 facility in age, sex, geographic location or other
31 relevant demographic variables, plus an amount sufficient
32 to pay for the additional administrative costs of
33 providing coverage to employees of the rehabilitation
34 facility and their dependents.
HB1268 Enrolled -63- LRB9000999EGfg
1 (2) In subsequent years, a further adjustment shall
2 be made to reflect the actual prior years' claims
3 experience of the employees of the rehabilitation
4 facility.
5 Monthly payments by the rehabilitation facility or its
6 employees for group health insurance shall be deposited in
7 the Local Government Health Insurance Reserve Fund.
8 (k) Any domestic violence shelter or service within the
9 State of Illinois may apply to the Director to have its
10 employees, annuitants, and their dependents provided group
11 health coverage under this Act on a non-insured basis. To
12 participate, a domestic violence shelter or service must
13 agree to enroll all of its employees and pay the entire cost
14 of providing such coverage for its employees. A
15 participating domestic violence shelter may also elect to
16 cover its annuitants. Dependent coverage shall be offered on
17 an optional basis, with employees, or some combination of the
18 2 as determined by the domestic violence shelter or service.
19 The domestic violence shelter or service shall be responsible
20 for timely collection and transmission of dependent premiums.
21 The Director shall annually determine quarterly rates of
22 payment, subject to the following constraints:
23 (1) In the first year of coverage, the rates shall
24 be equal to the amount normally charged to State
25 employees for elected optional coverages or for enrolled
26 dependents coverages or other contributory coverages on
27 behalf of its employees, adjusted for differences between
28 State employees and employees of the domestic violence
29 shelter or service in age, sex, geographic location or
30 other relevant demographic variables, plus an amount
31 sufficient to pay for the additional administrative costs
32 of providing coverage to employees of the domestic
33 violence shelter or service and their dependents.
34 (2) In subsequent years, a further adjustment shall
HB1268 Enrolled -64- LRB9000999EGfg
1 be made to reflect the actual prior years' claims
2 experience of the employees of the domestic violence
3 shelter or service.
4 (3) In no case shall the rate be less than the
5 amount normally charged to State employees or contributed
6 by the State on behalf of its employees.
7 Monthly payments by the domestic violence shelter or
8 service or its employees for group health insurance shall be
9 deposited in the Local Government Health Insurance Reserve
10 Fund.
11 (l) A public community college or entity organized
12 pursuant to the Public Community College Act may apply to the
13 Director initially to have only annuitants not covered prior
14 to July 1, 1992 by the district's health plan provided health
15 coverage under this Act on a non-insured basis. The
16 community college must execute a 2-year contract to
17 participate in the Local Government Health Plan. Those
18 annuitants enrolled initially under this contract shall have
19 no benefits payable for services incurred during the first 6
20 months of coverage to the extent the services are in
21 connection with any pre-existing condition. Any annuitant
22 who may enroll after this initial enrollment period shall be
23 subject to submission of satisfactory evidence of
24 insurability and to the pre-existing conditions limitation.
25 The Director shall annually determine monthly rates of
26 payment subject to the following constraints: for those
27 community colleges with annuitants only enrolled, first year
28 rates shall be equal to the average cost to cover claims for
29 a State member adjusted for demographics, Medicare
30 participation, and other factors; and in the second year, a
31 further adjustment of rates shall be made to reflect the
32 actual first year's claims experience of the covered
33 annuitants.
34 (m) The Director shall adopt any rules deemed necessary
HB1268 Enrolled -65- LRB9000999EGfg
1 for implementation of this amendatory Act of 1989 (Public Act
2 86-978).
3 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
4 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
5 7-7-97; revised 1-13-98.)
6 Section 13. The State Designations Act is amended by
7 changing Section 25 as follows:
8 (5 ILCS 460/25) (from Ch. 1, par. 2901-25)
9 Sec. 25. State mineral. The mineral calcium fluoride
10 flouride, commonly called "fluorite", is designated the
11 official State mineral of the State of Illinois.
12 (Source: P.A. 87-273; revised 6-27-97.)
13 Section 14. The Election Code is amended by changing
14 Sections 7-34, 16-4.1, 17-23, 20-13.1, and 23-6.1 as follows:
15 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
16 Sec. 7-34. Pollwatchers in a primary election shall be
17 authorized in the following manner:
18 (1) Each established political party shall be entitled
19 to appoint one pollwatcher per precinct. Such pollwatchers
20 must be affiliated with the political party for which they
21 are pollwatching. For all primary elections, except as
22 provided in subsection (5), such pollwatchers must be
23 registered to vote from a residence in the county in which
24 they are pollwatching.
25 (2) Each candidate shall be entitled to appoint two
26 pollwatchers per precinct. For Federal, State, and county
27 primary elections, one pollwatcher must be registered to vote
28 from a residence in the county in which he is pollwatching.
29 The second pollwatcher must be registered to vote from a
30 residence in the precinct or ward in which he is
HB1268 Enrolled -66- LRB9000999EGfg
1 pollwatching. For township and municipal primary elections,
2 one pollwatcher must be registered to vote from a residence
3 in the county in which he is pollwatching. The second
4 pollwatcher must be registered to vote from a residence in
5 the precinct or ward in which he is pollwatching.
6 (3) Each organization of citizens within the county or
7 political subdivision, which has among its purposes or
8 interests the investigation or prosecution of election
9 frauds, and which shall have registered its name and address
10 and the names and addresses of its principal officers with
11 the proper election authority at least 40 days before the
12 primary election, shall be entitled to appoint one
13 pollwatcher per precinct. For all primary elections, except
14 as provided in subsection (5), such pollwatcher must be
15 registered to vote from a residence in the county in which he
16 is pollwatching.
17 (4) Each organized group of proponents or opponents of a
18 ballot proposition, which shall have registered the name and
19 address of its organization or committee and the name and
20 address of its chairman with the proper election authority at
21 least 40 days before the primary election, shall be entitled
22 to appoint one pollwatcher per precinct. Except as provided
23 in subsection (5), such pollwatcher must be registered to
24 vote from a residence in the county in which the ballot
25 proposition is being voted upon.
26 (5) In any primary election held to nominate candidates
27 for the offices of a municipality of less than 3,000,000
28 population that is situated in 2 or more counties, a
29 pollwatcher who is a resident of a county in which any part
30 of the municipality is situated shall be eligible to serve as
31 a pollwatcher in any polling place located within such
32 municipality, provided that such pollwatcher otherwise
33 complies with the respective requirements of subsections (1)
34 through (4) of this Section and is a registered voter whose
HB1268 Enrolled -67- LRB9000999EGfg
1 residence is within the municipality.
2 All pollwatchers shall be required to have proper
3 credentials. Such credentials shall be printed in sufficient
4 quantities, shall be issued by and under the facsimile
5 signature(s) of the election authority and shall be available
6 for distribution at least 2 weeks prior to the election.
7 Such credentials shall be authorized by the real or facsimile
8 signature of the State or local party official or the
9 candidate or the presiding officer of the civic organization
10 or the chairman of the proponent or opponent group, as the
11 case may be.
12 Pollwatcher credentials shall be in substantially the
13 following form:
14 POLLWATCHER CREDENTIALS
15 TO THE JUDGES OF ELECTION:
16 In accordance with the provisions of the Election Code,
17 the undersigned hereby appoints ........... (name of
18 pollwatcher) at .......... (address) in the county of
19 ..........., .......... (township or municipality) of
20 ........... (name), State of Illinois and who is duly
21 registered to vote from this address, to act as a
22 pollwatcher in the ........... precinct of the ..........
23 ward (if applicable) of the ........... (township or
24 municipality) of ........... at the ........... election to
25 be held on ..........., 19.. (date).
26 ........................ (Signature of Appointing Authority)
27 ........................ TITLE (party official, candidate,
28 civic organization president,
29 proponent or opponent group chairman)
30 Under penalties provided by law pursuant to Section 29-10
31 of the Election Code, the undersigned pollwatcher certifies
32 that he or she resides at .............. (address) in the
33 county of ........., ......... (township or municipality) of
34 .......... (name), State of Illinois, and is duly registered
HB1268 Enrolled -68- LRB9000999EGfg
1 to vote from that address.
2 ........................... ..........................
3 (Precinct and/or Ward in (Signature of Pollwatcher)
4 Which Pollwatcher Resides)
5 Pollwatchers must present their credentials to the Judges
6 of Election upon entering the polling place. Pollwatcher
7 credentials properly executed and signed shall be proof of
8 the qualifications of the pollwatcher authorized thereby.
9 Such credentials are retained by the Judges and returned to
10 the Election Authority at the end of the day of election with
11 the other election materials. Once a pollwatcher has
12 surrendered a valid credential, he may leave and reenter the
13 polling place provided that such continuing action does not
14 disrupt the conduct of the election. Pollwatchers may be
15 substituted during the course of the day, but established
16 political parties, candidates, qualified civic organizations
17 and proponents and opponents of a ballot proposition can have
18 only as many pollwatchers at any given time as are authorized
19 in this Article. A substitute must present his signed
20 credential to the judges of election upon entering the
21 polling place. Election authorities must provide a
22 sufficient number of credentials to allow for substitution of
23 pollwatchers. After the polls have closed, pollwatchers shall
24 be allowed to remain until the canvass of votes is completed;
25 but may leave and reenter only in cases of necessity,
26 provided that such action is not so continuous as to disrupt
27 the canvass of votes.
28 Candidates seeking office in a district or municipality
29 encompassing 2 or more counties shall be admitted to any and
30 all polling places throughout such district or municipality
31 without regard to the counties in which such candidates are
32 registered to vote. Actions of such candidates shall be
33 governed in each polling place by the same privileges and
34 limitations that apply to pollwatchers as provided in this
HB1268 Enrolled -69- LRB9000999EGfg
1 Section. Any such candidate who engages in an activity in a
2 polling place which could reasonably be construed by a
3 majority of the judges of election as campaign activity shall
4 be removed forthwith from such polling place.
5 Candidates seeking office in a district or municipality
6 encompassing 2 or more counties who desire to be admitted to
7 polling places on election day in such district or
8 municipality shall be required to have proper credentials.
9 Such credentials shall be printed in sufficient quantities,
10 shall be issued by and under the facsimile fascimile
11 signature of the election authority of the election
12 jurisdiction where the polling place in which the candidate
13 seeks admittance is located, and shall be available for
14 distribution at least 2 weeks prior to the election. Such
15 credentials shall be signed by the candidate.
16 Candidate credentials shall be in substantially the
17 following form:
18 CANDIDATE CREDENTIALS
19 TO THE JUDGES OF ELECTION:
20 In accordance with the provisions of the Election Code, I
21 ...... (name of candidate) hereby certify that I am a
22 candidate for ....... (name of office) and seek admittance to
23 ....... precinct of the ....... ward (if applicable) of the
24 ....... (township or municipality) of ....... at the .......
25 election to be held on ...., 19.... (date).
26 ......................... .......................
27 (Signature of Candidate) OFFICE FOR WHICH
28 CANDIDATE SEEKS
29 NOMINATION OR
30 ELECTION
31 Pollwatchers shall be permitted to observe all
32 proceedings relating to the conduct of the election and to
33 station themselves in a position in the voting room as will
HB1268 Enrolled -70- LRB9000999EGfg
1 enable them to observe the judges making the signature
2 comparison between the voter application and the voter
3 registration record card; provided, however, that such
4 pollwatchers shall not be permitted to station themselves in
5 such close proximity to the judges of election so as to
6 interfere with the orderly conduct of the election and shall
7 not, in any event, be permitted to handle election materials.
8 Pollwatchers may challenge for cause the voting
9 qualifications of a person offering to vote and may call to
10 the attention of the judges of election any incorrect
11 procedure or apparent violations of this Code.
12 If a majority of the judges of election determine that
13 the polling place has become too overcrowded with
14 pollwatchers so as to interfere with the orderly conduct of
15 the election, the judges shall, by lot, limit such
16 pollwatchers to a reasonable number, except that each
17 candidate and each established or new political party shall
18 be permitted to have at least one pollwatcher present.
19 Representatives of an election authority, with regard to
20 an election under its jurisdiction,; the State Board of
21 Elections, and law enforcement agencies, including but not
22 limited to a United States Attorney, a State's attorney, the
23 Attorney General, and a State, county, or local police
24 department, in the performance of their official election
25 duties, shall be permitted at all times to enter and remain
26 in the polling place. Upon entering the polling place, such
27 representatives shall display their official credentials or
28 other identification to the judges of election.
29 Uniformed police officers assigned to polling place duty
30 shall follow all lawful instructions of the judges of
31 election.
32 The provisions of this Section shall also apply to
33 supervised casting of absentee ballots as provided in Section
34 19-12.2 of this Act.
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1 (Source: P.A. 86-867; revised 8-7-97.)
2 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
3 Sec. 16-4.1. Ballots; Form; Consolidated Elections.
4 This Section shall apply only to the consolidated primary
5 election, and the consolidated election, except as otherwise
6 expressly provided herein.
7 The ballot for the nomination or election of officers of
8 each political subdivision shall be considered a separate
9 ballot, and candidates for such offices shall be grouped
10 together. Where paper ballots are used, the names of
11 candidates for nomination or election to more than one
12 political subdivision may be contained on a common ballot,
13 provided that such ballot clearly indicates and separates
14 each political subdivision from which such officers are to be
15 nominated or elected.
16 At the consolidated election, the ballot for school
17 district offices shall precede the ballot for community
18 college district offices, and thereafter the ballot order of
19 the political subdivision officers to be elected shall be as
20 determined by the election authority. In the case of school
21 districts other than community consolidated school districts,
22 the ballot for non-high school district offices shall precede
23 the ballot for high school district offices.
24 At the consolidated primary and at the consolidated
25 election, the ballot for nomination or election of municipal
26 officers shall precede the ballot for township officers. At
27 the consolidated election, following the ballot for municipal
28 and township offices shall be the ballots for park district
29 and library district offices, following which shall be the
30 ballots for other political subdivision offices in the order
31 determined by the election authority.
32 The election authority, in determining the order of
33 ballot placement for offices of political subdivisions whose
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1 ballot placement is not specified in this Section, shall give
2 due regard to the clarity of the ballot presentation to the
3 voters, cost and administrative ease, and the requirement to
4 provide separate ballot formats within precincts in which the
5 electors are not entitled to vote for the same offices or
6 propositions. At the request of a political subdivision
7 which extends into more than one election jurisdiction, the
8 election authority shall endeavor to coordinate placement and
9 color of the ballot for such subdivision with the other
10 election authorities responsible for preparing ballots for
11 such subdivision election. The election authority may
12 conduct a lottery to determine the order of ballot placement
13 of political subdivision ballots where such order is not
14 specified in this Section. Such lottery may be conducted
15 jointly by two or more election authorities.
16 (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
17 revised 11-13-97.)
18 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
19 Sec. 17-23. Pollwatchers in a general election shall be
20 authorized in the following manner:
21 (1) Each established political party shall be entitled
22 to appoint two pollwatchers per precinct. Such pollwatchers
23 must be affiliated with the political party for which they
24 are pollwatching. For all elections, except as provided in
25 subsection (4), one pollwatcher must be registered to vote
26 from a residence in the county in which he is pollwatching.
27 The second pollwatcher must be registered to vote from a
28 residence in the precinct or ward in which he is
29 pollwatching.
30 (2) Each candidate shall be entitled to appoint two
31 pollwatchers per precinct. For all elections, one
32 pollwatcher must be registered to vote from a residence in
33 the county in which he is pollwatching. The second
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1 pollwatcher must be registered to vote from a residence in
2 the precinct or ward in which he is pollwatching.
3 (3) Each organization of citizens within the county or
4 political subdivision, which has among its purposes or
5 interests the investigation or prosecution of election
6 frauds, and which shall have registered its name and address
7 and the name and addresses of its principal officers with the
8 proper election authority at least 40 days before the
9 election, shall be entitled to appoint one pollwatcher per
10 precinct. For all elections, such pollwatcher must be
11 registered to vote from a residence in the county in which he
12 is pollwatching.
13 (4) In any general election held to elect candidates for
14 the offices of a municipality of less than 3,000,000
15 population that is situated in 2 or more counties, a
16 pollwatcher who is a resident of a county in which any part
17 of the municipality is situated shall be eligible to serve as
18 a pollwatcher in any poll located within such municipality,
19 provided that such pollwatcher otherwise complies with the
20 respective requirements of subsections (1) through (3) of
21 this Section and is a registered voter whose residence is
22 within the municipality.
23 (5) Each organized group of proponents or opponents of a
24 ballot proposition, which shall have registered the name and
25 address of its organization or committee and the name and
26 address of its chairman with the proper election authority at
27 least 40 days before the election, shall be entitled to
28 appoint one pollwatcher per precinct. Such pollwatcher must
29 be registered to vote from a residence in the county in which
30 the ballot proposition is being voted upon.
31 All pollwatchers shall be required to have proper
32 credentials. Such credentials shall be printed in sufficient
33 quantities, shall be issued by and under the facsimile
34 signature(s) of the election authority and shall be available
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1 for distribution at least 2 weeks prior to the election. Such
2 credentials shall be authorized by the real or facsimile
3 signature of the State or local party official or the
4 candidate or the presiding officer of the civic organization
5 or the chairman of the proponent or opponent group, as the
6 case may be.
7 Pollwatcher credentials shall be in substantially the
8 following form:
9 POLLWATCHER CREDENTIALS
10 TO THE JUDGES OF ELECTION:
11 In accordance with the provisions of the Election
12 Code, the undersigned hereby appoints .......... (name of
13 pollwatcher) who resides at ........... (address) in the
14 county of ..........., .......... (township or municipality)
15 of ........... (name), State of Illinois and who is duly
16 registered to vote from this address, to act as a
17 pollwatcher in the ........... precinct of the ...........
18 ward (if applicable) of the ........... (township or
19 municipality) of ........... at the ........... election to
20 be held on .........., 19.. (date).
21 ........................ (Signature of Appointing Authority)
22 ......................... TITLE (party official, candidate,
23 civic organization president,
24 proponent or opponent group chairman)
25 Under penalties provided by law pursuant to Section 29-10
26 of the Election Code, the undersigned pollwatcher certifies
27 that he or she resides at ................ (address) in the
28 county of ............, ......... (township or municipality)
29 of ........... (name), State of Illinois, and is duly
30 registered to vote from that address.
31 .......................... .......................
32 (Precinct and/or Ward in (Signature of Pollwatcher)
33 Which Pollwatcher Resides)
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1 Pollwatchers must present their credentials to the Judges
2 of Election upon entering the polling place. Pollwatcher
3 credentials properly executed and signed shall be proof of
4 the qualifications of the pollwatcher authorized thereby.
5 Such credentials are retained by the Judges and returned to
6 the Election Authority at the end of the day of election with
7 the other election materials. Once a pollwatcher has
8 surrendered a valid credential, he may leave and reenter the
9 polling place provided that such continuing action does not
10 disrupt the conduct of the election. Pollwatchers may be
11 substituted during the course of the day, but established
12 political parties, candidates and qualified civic
13 organizations can have only as many pollwatchers at any given
14 time as are authorized in this Article. A substitute must
15 present his signed credential to the judges of election upon
16 entering the polling place. Election authorities must
17 provide a sufficient number of credentials to allow for
18 substitution of pollwatchers. After the polls have closed
19 pollwatchers shall be allowed to remain until the canvass of
20 votes is completed; but may leave and reenter only in cases
21 of necessity, provided that such action is not so continuous
22 as to disrupt the canvass of votes.
23 Candidates seeking office in a district or municipality
24 encompassing 2 or more counties shall be admitted to any and
25 all polling places throughout such district or municipality
26 without regard to the counties in which such candidates are
27 registered to vote. Actions of such candidates shall be
28 governed in each polling place by the same privileges and
29 limitations that apply to pollwatchers as provided in this
30 Section. Any such candidate who engages in an activity in a
31 polling place which could reasonably be construed by a
32 majority of the judges of election as campaign activity shall
33 be removed forthwith from such polling place.
34 Candidates seeking office in a district or municipality
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1 encompassing 2 or more counties who desire to be admitted to
2 polling places on election day in such district or
3 municipality shall be required to have proper credentials.
4 Such credentials shall be printed in sufficient quantities,
5 shall be issued by and under the facsimile fascimile
6 signature of the election authority of the election
7 jurisdiction where the polling place in which the candidate
8 seeks admittance is located, and shall be available for
9 distribution at least 2 weeks prior to the election. Such
10 credentials shall be signed by the candidate.
11 Candidate credentials shall be in substantially the
12 following form:
13 CANDIDATE CREDENTIALS
14 TO THE JUDGES OF ELECTION:
15 In accordance with the provisions of the Election Code, I
16 ...... (name of candidate) hereby certify that I am a
17 candidate for ....... (name of office) and seek admittance to
18 ....... precinct of the ....... ward (if applicable) of the
19 ....... (township or municipality) of ....... at the .......
20 election to be held on ...., 19.... (date).
21 ......................... .......................
22 (Signature of Candidate) OFFICE FOR WHICH
23 CANDIDATE SEEKS
24 NOMINATION OR
25 ELECTION
26 Pollwatchers shall be permitted to observe all
27 proceedings relating to the conduct of the election and to
28 station themselves in a position in the voting room as will
29 enable them to observe the judges making the signature
30 comparison between the voter application and the voter
31 registration record card; provided, however, that such
32 pollwatchers shall not be permitted to station themselves in
33 such close proximity to the judges of election so as to
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1 interfere with the orderly conduct of the election and shall
2 not, in any event, be permitted to handle election materials.
3 Pollwatchers may challenge for cause the voting
4 qualifications of a person offering to vote and may call to
5 the attention of the judges of election any incorrect
6 procedure or apparent violations of this Code.
7 If a majority of the judges of election determine that
8 the polling place has become too overcrowded with
9 pollwatchers so as to interfere with the orderly conduct of
10 the election, the judges shall, by lot, limit such
11 pollwatchers to a reasonable number, except that each
12 established or new political party shall be permitted to have
13 at least one pollwatcher present.
14 Representatives of an election authority, with regard to
15 an election under its jurisdiction,; the State Board of
16 Elections, and law enforcement agencies, including but not
17 limited to a United States Attorney, a State's attorney, the
18 Attorney General, and a State, county, or local police
19 department, in the performance of their official election
20 duties, shall be permitted at all times to enter and remain
21 in the polling place. Upon entering the polling place, such
22 representatives shall display their official credentials or
23 other identification to the judges of election.
24 Uniformed police officers assigned to polling place duty
25 shall follow all lawful instructions of the judges of
26 election.
27 The provisions of this Section shall also apply to
28 supervised casting of absentee ballots as provided in Section
29 19-12.2 of this Act.
30 (Source: P.A. 86-867; revised 8-7-97.)
31 (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
32 Sec. 20-13.1. Any person not covered by Sections 20-2,
33 20-2.1 or 20-2.2 of this Article who is registered to vote
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1 but who is disqualified from voting because he moved outside
2 his election precinct during the 30 days preceding a
3 presidential election may make special application to the
4 election authority having jurisdiction over his precinct of
5 former residence by mail, not more than 30 nor less than 5
6 days before a Federal election, or in person in the office of
7 the election authority, not more than 30 nor less than 1 day
8 before a Federal election, for an absentee ballot to vote for
9 the president and vice-president only. Such application shall
10 be furnished by the election authority and shall be in
11 substantially the following form:
12 SPECIAL VOTER APPLICATION
13 (For use by registered Illinois voters disqualified for
14 having moved outside their precinct on or after the 30th day
15 preceding the election, to vote for president and
16 vice-president only.)
17 1. I hereby request a ballot to vote for president and
18 vice-president only on .......... (insert date of or general
19 election).
20 2. I am a citizen of the United States and my present
21 address is: .................... (Residence Number)
22 .......... (Street) ....................
23 (City/Village/Township) .......... (County) ..........
24 (State).
25 3. As of .......... (Month), .......... (Day),
26 .......... (Year) I was a registered voter at ..........
27 (Residence Number) .......... (Street) ....................
28 (City/Village/Township).
29 4. I moved to my present address on .......... (Month)
30 .......... (Day) .......... (Year).
31 5. I have not registered to vote from nor have I
32 requested a ballot in any other election jurisdiction in this
33 State or in another State.
34 6. (If absentee request), I request that you mail the
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1 ballot to the following address:
2 Print name and complete mailing address.
3 ........................................
4 ........................................
5 ........................................
6 Under the penalties as provided by law pursuant to
7 Article 29 of The Election Code, the undersigned certifies
8 that the statements set forth in this application are true
9 and correct.
10 ........................
11 (Signature of Applicant)
12 7. Subscribed and sworn to before me on ..........
13 (Month) .......... (Day) .......... (Year)
14 ........................
15 (Signature of Official
16 Administering Oath)
17 The procedures set forth in Sections 20-4 through 20-12
18 of this Article, insofar as they may be made applicable,
19 shall be applicable to absentee voting under this Section.
20 (Source: P.A. 81-953; revised 12-18-97.)
21 (10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
22 Sec. 23-6.1. Whenever an election contest for a municipal
23 trustee or alderman is brought involving ballots from the
24 same precincts which are subject to the jurisdiction of the
25 circuit court by virtue of the pendency of an election
26 contest for another office, the municipal council or board of
27 trustees having jurisdiction of the municipal election
28 contest shall have priority of access and possession of the
29 ballots and other election materials for the purpose of
30 conducting a recount or other related proceedings for a
31 period of 30 days following the commencement of the municipal
32 election contest. The election authority shall notify the
33 court and the municipal council or board of the pendency
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1 pendancy of all other contests relating to the same
2 precincts.
3 (Source: P.A. 81-1433; revised 7-21-97.)
4 Section 15. The Secretary of State Act is amended by
5 changing Section 11.1 as follows:
6 (15 ILCS 305/11.1)
7 Sec. 11.1. Acid free paper. The Secretary of State
8 shall develop guidelines for using of acid free paper for
9 permanent documents intended for archival storage.
10 (Source: P.A. 88-68; revised 12-18-97.)
11 Section 16. The State Library Act is amended by changing
12 Section 4 as follows:
13 (15 ILCS 320/4) (from Ch. 128, par. 104)
14 Sec. 4. Regional library districts. The counties of this
15 State shall be divided into 6 six regional library districts
16 as follows:
17 District 1 -- Jo Daviess, Stephenson Stevenson,
18 Winnebago, Boone, McHenry, Lake, Carroll, Ogle, DeKalb,
19 Whiteside, Lee, Rock Island, Henry, Bureau, LaSalle, Kendall,
20 Stark, Putnam, Marshall, Grundy.
21 District 2 -- Kane, Cook, DuPage, Will.
22 District 3 -- Kankakee, Livingston, Iroquois, McLean,
23 Ford, Vermilion, Champaign, DeWitt, Piatt, Macon, Christian,
24 Shelby, Moultrie, Douglas, Edgar, Coles, Clark, Cumberland.
25 District 4 -- Mercer, Knox, Peoria, Woodford, Tazewell,
26 Fulton, Warren, Henderson, Hancock, McDonough, Adams,
27 Schuyler, Mason, Logan, Menard, Cass, Brown, Pike, Morgan,
28 Sangamon, Scott, Greene, Calhoun, Jersey.
29 District 5 -- Macoupin, Montgomery, Madison, Bond,
30 Fayette, Effingham, Jasper, Crawford, Lawrence, Richland,
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1 Clay, Marion, Clinton, St. Clair, Monroe, Washington,
2 Jefferson, Perry, Randolph.
3 District 6 -- Jackson, Franklin, Wayne, Edwards, Wabash,
4 White, Hamilton, Gallatin, Saline, Williamson, Union,
5 Johnson, Pope, Hardin, Alexander, Pulaski, Massac.
6 (Source: P.A. 77-1690; revised 8-7-97.)
7 Section 17. The Deposit of State Moneys Act is amended
8 by changing Section 22.5 as follows:
9 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
10 Sec. 22.5. The State Treasurer may, with the approval of
11 the Governor, invest and reinvest any State money in the
12 treasury which is not needed for current expenditures due or
13 about to become due, in obligations of the United States
14 government or its agencies or of National Mortgage
15 Associations established by or under the National Housing
16 Act, 1201 U.S.C. 1701 et. seq., or in mortgage participation
17 certificates representing undivided interests in specified,
18 first-lien conventional residential Illinois mortgages that
19 are underwritten, insured, guaranteed, or purchased by the
20 Federal Home Loan Mortgage Corporation or in Affordable
21 Housing Program Trust Fund Bonds or Notes as defined in and
22 issued pursuant to the Illinois Housing Development Act. All
23 such obligations shall be considered as cash and may be
24 delivered over as cash by a State Treasurer to his successor.
25 The State Treasurer may, with the approval of the
26 Governor, purchase any state bonds with any money in the
27 State Treasury that has been set aside and held for the
28 payment of the principal of and interest on the bonds. The
29 bonds shall be considered as cash and may be delivered over
30 as cash by the State Treasurer to his successor.
31 The State Treasurer may, with the approval of the
32 Governor, invest or reinvest any State money in the treasury
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1 that is not needed for current expenditure due or about to
2 become due, or any money in the State Treasury that has been
3 set aside and held for the payment of the principal of and
4 the interest on any State bonds, in shares, withdrawable
5 accounts, and investment certificates of savings and building
6 and loan associations, incorporated under the laws of this
7 State or any other state or under the laws of the United
8 States; provided, however, that investments may be made only
9 in those savings and loan or building and loan associations
10 the shares and withdrawable accounts or other forms of
11 investment securities of which are insured by the Federal
12 Deposit Insurance Corporation.
13 The State Treasurer may not invest State money in any
14 savings and loan or building and loan association unless a
15 commitment by the savings and loan (or building and loan)
16 association, executed by the president or chief executive
17 officer of that association, is submitted in the following
18 form:
19 The .................. Savings and Loan (or Building
20 and Loan) Association pledges not to reject arbitrarily
21 mortgage loans for residential properties within any
22 specific part of the community served by the savings and
23 loan (or building and loan) association because of the
24 location of the property. The savings and loan (or
25 building and loan) association also pledges to make loans
26 available on low and moderate income residential property
27 throughout the community within the limits of its legal
28 restrictions and prudent financial practices.
29 The State Treasurer may, with the approval of the
30 Governor, invest or reinvest, at a price not to exceed par,
31 any State money in the treasury that is not needed for
32 current expenditures due or about to become due, or any money
33 in the State Treasury that has been set aside and held for
34 the payment of the principal of and interest on any State
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1 bonds, in bonds issued by counties or municipal corporations
2 of the State of Illinois.
3 The State Treasurer may, with the approval of the
4 Governor, invest or reinvest any State money in the Treasury
5 which is not needed for current expenditure, due or about to
6 become due, or any money in the State Treasury which has been
7 set aside and held for the payment of the principal of and
8 the interest on any State bonds, in participations in loans,
9 the principal of which participation is fully guaranteed by
10 an agency or instrumentality of the United States government;
11 provided, however, that such loan participations are
12 represented by certificates issued only by banks which are
13 incorporated under the laws of this State or any other state
14 or under the laws of the United States, and such banks, but
15 not the loan participation certificates, are insured by the
16 Federal Deposit Insurance Corporation.
17 The State Treasurer may, with the approval of the
18 Governor, invest or reinvest any State money in the Treasury
19 that is not needed for current expenditure, due or about to
20 become due, or any money in the State Treasury that has been
21 set aside and held for the payment of the principal of and
22 the interest on any State bonds, in any of the following:
23 (1) Bonds, notes, certificates of indebtedness,
24 Treasury bills, or other securities now or hereafter
25 issued that are guaranteed by the full faith and credit
26 of the United States of America as to principal and
27 interest.
28 (2) Bonds, notes, debentures, or other similar
29 obligations of the United States of America, its
30 agencies, and instrumentalities.
31 (3) Interest-bearing savings accounts,
32 interest-bearing certificates of deposit,
33 interest-bearing time deposits, or any other investments
34 constituting direct obligations of any bank as defined by
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1 the Illinois Banking Act.
2 (4) Interest-bearing accounts, certificates of
3 deposit, or any other investments constituting direct
4 obligations of any savings and loan associations
5 incorporated under the laws of this State or any other
6 state or under the laws of the United States.
7 (5) Dividend-bearing share accounts, share
8 certificate accounts, or class of share accounts of a
9 credit union chartered under the laws of this State or
10 the laws of the United States; provided, however, the
11 principal office of the credit union must be located
12 within the State of Illinois.
13 (6) Bankers' acceptances of banks whose senior
14 obligations are rated in the top 2 rating categories by 2
15 national rating agencies and maintain that rating during
16 the term of the investment.
17 (7) Short-term obligations of corporations
18 organized in the United States with assets exceeding
19 $500,000,000 if (i) the obligations are rated at the time
20 of purchase at one of the 3 highest classifications
21 established by at least 2 standard rating services and
22 mature not later than 180 days from the date of purchase,
23 (ii) the purchases do not exceed 10% of the corporation's
24 outstanding obligations, and (iii) no more than one-third
25 of the public agency's funds are invested in short-term
26 obligations of corporations.
27 (8) Money market mutual funds registered under the
28 Investment Company Act of 1940, provided that the
29 portfolio of the money market mutual fund is limited to
30 obligations described in this Section and to agreements
31 to repurchase such obligations.
32 (9) The Public Treasurers' Investment Pool created
33 under Section 17 of the State Treasurer Act or in a fund
34 managed, operated, and administered by a bank.
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1 (10) Repurchase agreements of government securities
2 having the meaning set out in the Government Securities
3 Act of 1986 subject to the provisions of that Act and the
4 regulations issued thereunder.
5 For purposes of this Section, "agencies" of the United
6 States Government includes:
7 (i) the federal land banks, federal intermediate
8 credit banks, banks for cooperatives, federal farm credit
9 banks, or any other entity authorized to issue debt
10 obligations under the Farm Credit Act of 1971 (12 U.S.C.
11 2001 et. seq.) and Acts amendatory thereto;
12 (ii) the federal home loan banks and the federal
13 home loan mortgage corporation;
14 (iii) the Commodity Credit Corporation; and
15 (iv) any other agency created by Act of Congress.
16 The Treasurer may, with the approval of the Governor,
17 lend any securities acquired under this Act. However,
18 securities may be lent under this Section only in accordance
19 with Federal Financial Institution Examination Council
20 guidelines and only if the securities are collateralized at a
21 level sufficient to assure the safety of the securities,
22 taking into account market value fluctuation. The securities
23 may be collateralized by cash or collateral acceptable under
24 Sections 11 and 11.1.
25 (Source: P.A. 87-331; 87-895; 87-1131; 88-45; 88-93; 88-640,
26 eff. 7-1-95; revised 6-27-97.)
27 Section 18. The Alcoholism and Other Drug Abuse and
28 Dependency Act is amended by changing Section 30-5 as
29 follows:
30 (20 ILCS 301/30-5)
31 Sec. 30-5. Patients' rights established.
32 (a) For purposes of this Section, "patient" means any
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1 person who is receiving or has received intervention,
2 treatment or aftercare services under this Act.
3 (b) No patient who is receiving or who has received
4 intervention, treatment or aftercare services under this Act
5 shall be deprived of any rights, benefits, or privileges
6 guaranteed by law, the Constitution of the United States of
7 America, or the Constitution of the State of Illinois solely
8 because of his status as a patient of a program.
9 (c) Persons who abuse or are dependent on alcohol or
10 other drugs who are also suffering from medical conditions
11 shall not be discriminated against in admission or treatment
12 by any hospital which receives support in any form from any
13 program supported in whole or in part by funds appropriated
14 to any State department or agency.
15 (d) Every patient shall have impartial access to
16 services without regard to race, religion, sex, ethnicity,
17 age or handicap.
18 (e) Patients shall be permitted the free exercise of
19 religion.
20 (f) Every patient's personal dignity shall be recognized
21 in the provision of services, and a patient's personal
22 privacy shall be assured and protected within the constraints
23 of his individual treatment plan.
24 (g) Treatment services shall be provided in the least
25 restrictive environment possible.
26 (h) Each patient shall be provided an individual
27 treatment plan, which shall be periodically reviewed and
28 updated as necessary.
29 (i) Every patient shall be permitted to participate in
30 the planning of his total care and medical treatment to the
31 extent that his condition permits.
32 (j) A person shall not be denied treatment solely
33 because he has withdrawn from treatment against medical
34 advice on a prior occasion or because he has relapsed after
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1 earlier treatment or, when in medical crisis, because of
2 inability to pay.
3 (k) The patient in treatment shall be permitted visits
4 by family and significant others, unless such visits are
5 clinically contraindicated.
6 (l) A patient in treatment shall be allowed to conduct
7 private telephone conversations with family and friends
8 unless clinically contraindicated.
9 (m) A patient shall be permitted to send and receive
10 mail without hindrance hinderance, unless clinically
11 contraindicated.
12 (n) A patient shall be permitted to manage his own
13 financial affairs unless he or his guardian, or if the
14 patient is a minor, his parent, authorizes another competent
15 person to do so.
16 (o) A patient shall be permitted to request the opinion
17 of a consultant at his own expense, or to request an in-house
18 review of a treatment plan, as provided in the specific
19 procedures of the provider. A treatment provider is not
20 liable for the negligence of any consultant.
21 (p) Unless otherwise prohibited by State or federal law,
22 every patient shall be permitted to obtain from his own
23 physician, the treatment provider or the treatment provider's
24 consulting physician complete and current information
25 concerning the nature of care, procedures and treatment which
26 he will receive.
27 (q) A patient shall be permitted to refuse to
28 participate in any experimental research or medical procedure
29 without compromising his access to other, non-experimental
30 services. Before a patient is placed in an experimental
31 research or medical procedure, the provider must first obtain
32 his informed written consent or otherwise comply with the
33 federal requirements regarding the protection of human
34 subjects contained in 45 C.F.R. Part 46.
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1 (r) All medical treatment and procedures shall be
2 administered as ordered by a physician. In order to assure
3 compliance by the treatment program with all physician
4 orders, all new physician orders shall be reviewed by the
5 treatment program's staff within a reasonable period of time
6 after such orders have been issued. "Medical treatment and
7 procedures" means those services that can be ordered only by
8 a physician licensed to practice medicine in all of its
9 branches in Illinois.
10 (s) Every patient shall be permitted to refuse medical
11 treatment and to know the consequences of such action. Such
12 refusal by a patient shall free the treatment program from
13 the obligation to provide the treatment.
14 (t) Unless otherwise prohibited by State or federal law,
15 every patient, patient's guardian, or parent, if the patient
16 is a minor, shall be permitted to inspect and copy all
17 clinical and other records kept by the treatment program or
18 by his physician concerning his care and maintenance. The
19 treatment program or physician may charge a reasonable fee
20 for the duplication of a record.
21 (u) No owner, licensee, administrator, employee or agent
22 of a treatment program shall abuse or neglect a patient. It
23 is the duty of any program employee or agent who becomes
24 aware of such abuse or neglect to report it to the Department
25 immediately.
26 (v) The administrator of a program may refuse access to
27 the program to any person if the actions of that person while
28 in the program are or could be injurious to the health and
29 safety of a patient or the program, or if the person seeks
30 access to the program for commercial purposes.
31 (w) A patient may be discharged from a program after he
32 gives the administrator written notice of his desire to be
33 discharged or upon completion of his prescribed course of
34 treatment. No patient shall be discharged or transferred
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1 without the preparation of a post-treatment aftercare plan by
2 the program.
3 (x) Patients and their families or legal guardians shall
4 have the right to present complaints concerning the quality
5 of care provided to the patient, without threat of discharge
6 or reprisal in any form or manner whatsoever. The treatment
7 provider shall have in place a mechanism for receiving and
8 responding to such complaints, and shall inform the patient
9 and his family or legal guardian of this mechanism and how to
10 use it. The provider shall analyze any complaint received
11 and, when indicated, take appropriate corrective action.
12 Every patient and his family member or legal guardian who
13 makes a complaint shall receive a timely response from the
14 provider which substantively addresses the complaint. The
15 provider shall inform the patient and his family or legal
16 guardian about other sources of assistance if the provider
17 has not resolved the complaint to the satisfaction of the
18 patient or his family or legal guardian.
19 (y) A resident may refuse to perform labor at a program
20 unless such labor is a part of his individual treatment
21 program as documented in his clinical record.
22 (z) A person who is in need of treatment may apply for
23 voluntary admission to a treatment program in the manner and
24 with the rights provided for under regulations promulgated by
25 the Department. If a person is refused admission to a
26 licensed treatment program, the staff of the program, subject
27 to rules promulgated by the Department, shall refer the
28 person to another treatment or other appropriate program.
29 (aa) No patient shall be denied services based solely on
30 HIV status. Further, records and information governed by the
31 AIDS Confidentiality Act and the AIDS Confidentiality and
32 Testing Code (77 Ill. Adm. Code 697) shall be maintained in
33 accordance therewith.
34 (bb) Records of the identity, diagnosis, prognosis or
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1 treatment of any patient maintained in connection with the
2 performance of any program or activity relating to alcohol or
3 other drug abuse or dependency education, early intervention,
4 intervention, training, treatment or rehabilitation which is
5 regulated, authorized, or directly or indirectly assisted by
6 any Department or agency of this State or under any provision
7 of this Act shall be confidential and may be disclosed only
8 in accordance with the provisions of federal law and
9 regulations concerning the confidentiality of alcohol and
10 drug abuse patient records as contained in 42 U.S.C. Sections
11 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
12 (1) The following are exempt from the
13 confidentiality protections set forth in 42 C.F.R.
14 Section 2.12(c):
15 (A) Veteran's Administration records.
16 (B) Information obtained by the Armed Forces.
17 (C) Information given to qualified service
18 organizations.
19 (D) Communications within a program or between
20 a program and an entity having direct administrative
21 control over that program.
22 (E) Information given to law enforcement
23 personnel investigating a patient's commission of a
24 crime on the program premises or against program
25 personnel.
26 (F) Reports under State law of incidents of
27 suspected child abuse and neglect;, however,;
28 confidentiality restrictions continue to apply to
29 the records and any follow-up information for
30 disclosure and use in civil or criminal proceedings
31 arising from the report of suspected abuse or
32 neglect.
33 (2) If the information is not exempt, a disclosure
34 can be made only under the following circumstances:
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1 (A) With patient consent as set forth in 42
2 C.F.R. Sections 2.1(b)(1) and 2.31, and as
3 consistent with pertinent State law.
4 (B) For medical emergencies as set forth in 42
5 C.F.R. Sections 2.1(b)(2) and 2.51.
6 (C) For research activities as set forth in 42
7 C.F.R. Sections 2.1(b)(2) and 2.52.
8 (D) For audit evaluation activities as set
9 forth in 42 C.F.R. Section 2.53.
10 (E) With a court order as set forth in 42
11 C.F.R. Sections 2.61 through 2.67.
12 (3) The restrictions on disclosure and use of
13 patient information apply whether the holder of the
14 information already has it, has other means of obtaining
15 it, is a law enforcement or other official, has obtained
16 a subpoena, or asserts any other justification for a
17 disclosure or use which is not permitted by 42 C.F.R.
18 Part 2. Any court orders authorizing disclosure of
19 patient records under this Act must comply with the
20 procedures and criteria set forth in 42 C.F.R. Sections
21 2.64 and 2.65. Except as authorized by a court order
22 granted under this Section, no record referred to in this
23 Section may be used to initiate or substantiate any
24 charges against a patient or to conduct any investigation
25 of a patient.
26 (4) The prohibitions of this subsection shall apply
27 to records concerning any person who has been a patient,
28 regardless of whether or when he ceases to be a patient.
29 (5) Any person who discloses the content of any
30 record referred to in this Section except as authorized
31 shall, upon conviction, be guilty of a Class A
32 misdemeanor.
33 (6) The Department shall prescribe regulations to
34 carry out the purposes of this subsection. These
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1 regulations may contain such definitions, and may provide
2 for such safeguards and procedures, including procedures
3 and criteria for the issuance and scope of court orders,
4 as in the judgment of the Department are necessary or
5 proper to effectuate the purposes of this Section, to
6 prevent circumvention or evasion thereof, or to
7 facilitate compliance therewith.
8 (cc) Each patient shall be given a written explanation
9 of all the rights enumerated in this Section. If a patient
10 is unable to read such written explanation, it shall be read
11 to the patient in a language that the patient understands. A
12 copy of all the rights enumerated in this Section shall be
13 posted in a conspicuous place within the program where it may
14 readily be seen and read by program patients and visitors.
15 (dd) The program shall ensure that its staff is familiar
16 with and observes the rights and responsibilities enumerated
17 in this Section.
18 (Source: P.A. 88-80; revised 8-7-97.)
19 Section 19. The Civil Administrative Code of Illinois is
20 amended by changing Section 67.23 as follows:
21 (20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
22 Sec. 67.23. To administer the Statewide Form Management
23 Program and provisions of the Forms Notice Act "The Forms
24 Management Program Act", enacted by the Eightieth General
25 Assembly.
26 (Source: P.A. 80-1338; revised 9-24-97.)
27 Section 20. The Personnel Code is amended by changing
28 Section 8b.7 as follows:
29 (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
30 Sec. 8b.7. Veteran preference. For the granting of
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1 appropriate preference in entrance examinations to qualified
2 persons who have been members of the armed forces of the
3 United States or to qualified persons who, while citizens of
4 the United States, were members of the armed forces of allies
5 of the United States in time of hostilities with a foreign
6 country, and to certain other persons as set forth in this
7 Section.
8 (a) As used in this Section:
9 (1) "Time of hostilities with a foreign country"
10 means any period of time in the past, present, or future
11 during which a declaration of war by the United States
12 Congress has been or is in effect or during which an
13 emergency condition has been or is in effect that is
14 recognized by the issuance of a Presidential proclamation
15 or a Presidential executive order and in which the armed
16 forces expeditionary medal or other campaign service
17 medals are awarded according to Presidential executive
18 order.
19 (2) "Armed forces of the United States" means the
20 United States Army, Navy, Air Force, Marine Corps, and
21 Coast Guard. Service in the Merchant Marine that
22 constitutes active duty under Section 401 of federal
23 Public Law 95-202 shall also be considered service in the
24 Armed Forces of the United States for purposes of this
25 Section.
26 (b) The preference granted under this Section shall be
27 in the form of points added to the final grades of the
28 persons if they otherwise qualify and are entitled to appear
29 on the list of those eligible for appointments.
30 (c) A veteran is qualified for a preference of 10 points
31 if the veteran currently holds proof of a service connected
32 disability from the United States Department of Veterans
33 Affairs or an allied country or if the veteran is a recipient
34 of the Purple Heart.
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1 (d) A veteran who has served during a time of
2 hostilities with a foreign country is qualified for a
3 preference of 5 points if the veteran served under one or
4 more of the following conditions:
5 (1) The veteran served a total of at least 6
6 months, or
7 (2) The veteran served for the duration of
8 hostilities regardless of the length of engagement, or
9 (3) The veteran was discharged on the basis of
10 hardship, or
11 (4) The veteran was released from active duty
12 because of a service serve connected disability and was
13 discharged under honorable conditions.
14 (e) A person not eligible for a preference under
15 subsection (c) or (d) is qualified for a preference of 3
16 points if the person has served in the armed forces of the
17 United States, the Illinois National Guard, or any reserve
18 component of the armed forces of the United States if the
19 person: (1) served for at least 6 months and has been
20 discharged under honorable conditions or (2) has been
21 discharged on the ground of hardship or (3) was released from
22 active duty because of a service connected disability. An
23 active member of the National Guard or a reserve component of
24 the armed forces of the United States is eligible for the
25 preference if the member meets the service requirements of
26 this subsection (e).
27 (f) The rank order of persons entitled to a preference
28 on eligible lists shall be determined on the basis of their
29 augmented ratings. When the Director establishes eligible
30 lists on the basis of category ratings such as "superior",
31 "excellent", "well-qualified", and "qualified", the veteran
32 eligibles in each such category shall be preferred for
33 appointment before the non-veteran eligibles in the same
34 category.
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1 (g) Employees in positions covered by jurisdiction B
2 who, while in good standing, leave to engage in military
3 service during a period of hostility, shall be given credit
4 for seniority purposes for time served in the armed forces.
5 (h) A surviving unremarried spouse of a veteran who
6 suffered a service connected death or the spouse of a veteran
7 who suffered a service connected disability that prevents the
8 veteran from qualifying for civil service employment shall be
9 entitled to the same preference to which the veteran would
10 have been entitled under this Section.
11 (i) A preference shall also be given to the following
12 individuals: 10 points for one parent of an unmarried
13 veteran who suffered a service connected death or a service
14 connected disability that prevents the veteran from
15 qualifying for civil service employment. The first parent to
16 receive a civil service appointment shall be the parent
17 entitled to the preference.
18 (j) The Department of Central Management Services shall
19 adopt rules and implement procedures to verify that any
20 person seeking a preference under this Section is entitled to
21 the preference. A person seeking a preference under this
22 Section shall provide documentation or execute any consents
23 or other documents required by the Department of Central
24 Management Services or any other State department or agency
25 to enable the department or agency to verify that the person
26 is entitled to the preference.
27 (Source: P.A. 89-324, eff. 8-13-95; 89-626, eff. 8-9-96;
28 revised 1-15-98.)
29 Section 21. The Children and Family Services Act is
30 amended by changing Sections 5, 17a-4, and 21 as follows:
31 (20 ILCS 505/5) (from Ch. 23, par. 5005)
32 Sec. 5. Direct child welfare services; Department of
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1 Children and Family Services. To provide direct child welfare
2 services when not available through other public or private
3 child care or program facilities.
4 (a) For purposes of this Section:
5 (1) "Children" means persons found within the State
6 who are under the age of 18 years. The term also
7 includes persons under age 19 who:
8 (A) were committed to the Department pursuant
9 to the Juvenile Court Act or the Juvenile Court Act
10 of 1987, as amended, prior to the age of 18 and who
11 continue under the jurisdiction of the court; or
12 (B) were accepted for care, service and
13 training by the Department prior to the age of 18
14 and whose best interest in the discretion of the
15 Department would be served by continuing that care,
16 service and training because of severe emotional
17 disturbances, physical disability, social adjustment
18 or any combination thereof, or because of the need
19 to complete an educational or vocational training
20 program.
21 (2) "Homeless youth" means persons found within the
22 State who are under the age of 19, are not in a safe and
23 stable living situation and cannot be reunited with their
24 families.
25 (3) "Child welfare services" means public social
26 services which are directed toward the accomplishment of
27 the following purposes:
28 (A) protecting and promoting the health,
29 safety and welfare of children, including homeless,
30 dependent or neglected children;
31 (B) remedying, or assisting in the solution of
32 problems which may result in, the neglect, abuse,
33 exploitation or delinquency of children;
34 (C) preventing the unnecessary separation of
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1 children from their families by identifying family
2 problems, assisting families in resolving their
3 problems, and preventing the breakup of the family
4 where the prevention of child removal is desirable
5 and possible when the child can be cared for at home
6 without endangering the child's health and safety;
7 (D) restoring to their families children who
8 have been removed, by the provision of services to
9 the child and the families when the child can be
10 cared for at home without endangering the child's
11 health and safety;
12 (E) placing children in suitable adoptive
13 homes, in cases where restoration to the biological
14 family is not safe, possible or appropriate;
15 (F) assuring safe and adequate care of
16 children away from their homes, in cases where the
17 child cannot be returned home or cannot be placed
18 for adoption. At the time of placement, the
19 Department shall consider concurrent planning, as
20 described in subsection (l-1) of this Section so
21 that permanency may occur at the earliest
22 opportunity. Consideration should be given so that
23 if reunification fails or is delayed, the placement
24 made is the best available placement to provide
25 permanency for the child;
26 (G) (blank);
27 (H) (blank); and
28 (I) placing and maintaining children in
29 facilities that provide separate living quarters for
30 children under the age of 18 and for children 18
31 years of age and older, unless a child 18 years of
32 age is in the last year of high school education or
33 vocational training, in an approved individual or
34 group treatment program, or in a licensed shelter
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1 facility. The Department is not required to place or
2 maintain children:
3 (i) who are in a foster home, or
4 (ii) who are persons with a developmental
5 disability, as defined in the Mental Health and
6 Developmental Disabilities Code, or
7 (iii) who are female children who are
8 pregnant, pregnant and parenting or parenting,
9 or
10 (iv) who are siblings,
11 in facilities that provide separate living quarters
12 for children 18 years of age and older and for
13 children under 18 years of age.
14 (b) Nothing in this Section shall be construed to
15 authorize the expenditure of public funds for the purpose of
16 performing abortions.
17 (c) The Department shall establish and maintain
18 tax-supported child welfare services and extend and seek to
19 improve voluntary services throughout the State, to the end
20 that services and care shall be available on an equal basis
21 throughout the State to children requiring such services.
22 (d) The Director may authorize advance disbursements for
23 any new program initiative to any agency contracting with the
24 Department. As a prerequisite for an advance disbursement,
25 the contractor must post a surety bond in the amount of the
26 advance disbursement and have a purchase of service contract
27 approved by the Department. The Department may pay up to 2
28 months operational expenses in advance. The amount of the
29 advance disbursement shall be prorated over the life of the
30 contract or the remaining months of the fiscal year,
31 whichever is less, and the installment amount shall then be
32 deducted from future bills. Advance disbursement
33 authorizations for new initiatives shall not be made to any
34 agency after that agency has operated during 2 consecutive
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1 fiscal years. The requirements of this Section concerning
2 advance disbursements shall not apply with respect to the
3 following: payments to local public agencies for child day
4 care services as authorized by Section 5a of this Act; and
5 youth service programs receiving grant funds under Section
6 17a-4.
7 (e) (Blank).
8 (f) (Blank).
9 (g) The Department shall establish rules and regulations
10 concerning its operation of programs designed to meet the
11 goals of child safety and protection, family preservation,
12 family reunification, and adoption, including but not limited
13 to:
14 (1) adoption;
15 (2) foster care;
16 (3) family counseling;
17 (4) protective services;
18 (5) (blank);
19 (6) homemaker service;
20 (7) return of runaway children;
21 (8) (blank);
22 (9) placement under Section 5-7 of the Juvenile
23 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
24 Juvenile Court Act of 1987 in accordance with the federal
25 Adoption Assistance and Child Welfare Act of 1980; and
26 (10) interstate services.
27 Rules and regulations established by the Department shall
28 include provisions for training Department staff and the
29 staff of Department grantees, through contracts with other
30 agencies or resources, in alcohol and drug abuse screening
31 techniques to identify children and adults who should be
32 referred to an alcohol and drug abuse treatment program for
33 professional evaluation.
34 (h) If the Department finds that there is no appropriate
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1 program or facility within or available to the Department for
2 a ward and that no licensed private facility has an adequate
3 and appropriate program or none agrees to accept the ward,
4 the Department shall create an appropriate individualized,
5 program-oriented plan for such ward. The plan may be
6 developed within the Department or through purchase of
7 services by the Department to the extent that it is within
8 its statutory authority to do.
9 (i) Service programs shall be available throughout the
10 State and shall include but not be limited to the following
11 services:
12 (1) case management;
13 (2) homemakers;
14 (3) counseling;
15 (4) parent education;
16 (5) day care; and
17 (6) emergency assistance and advocacy.
18 In addition, the following services may be made available
19 to assess and meet the needs of children and families:
20 (1) comprehensive family-based services;
21 (2) assessments;
22 (3) respite care; and
23 (4) in-home health services.
24 The Department shall provide transportation for any of
25 the services it makes available to children or families or
26 for which it refers children or families.
27 (j) The Department may provide categories of financial
28 assistance and education assistance grants, and shall
29 establish rules and regulations concerning the assistance and
30 grants, to persons who adopt physically or mentally
31 handicapped, older and other hard-to-place children who
32 immediately prior to their adoption were legal wards of the
33 Department. The Department may also provide categories of
34 financial assistance and education assistance grants, and
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1 shall establish rules and regulations for the assistance and
2 grants, to persons appointed guardian of the person under
3 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
5 who were wards of the Department for 12 months immediately
6 prior to the appointment of the successor guardian and for
7 whom the Department has set a goal of permanent family
8 placement with a foster family.
9 The amount of assistance may vary, depending upon the
10 needs of the child and the adoptive parents, as set forth in
11 the annual assistance agreement. Special purpose grants are
12 allowed where the child requires special service but such
13 costs may not exceed the amounts which similar services would
14 cost the Department if it were to provide or secure them as
15 guardian of the child.
16 Any financial assistance provided under this subsection
17 is inalienable by assignment, sale, execution, attachment,
18 garnishment, or any other remedy for recovery or collection
19 of a judgment or debt.
20 (k) The Department shall accept for care and training
21 any child who has been adjudicated neglected or abused, or
22 dependent committed to it pursuant to the Juvenile Court Act
23 or the Juvenile Court Act of 1987.
24 (l) Before July 1, 2000, the Department may provide, and
25 beginning July 1, 2000, the Department shall provide, family
26 preservation services, as determined to be appropriate and in
27 the child's best interests and when the child will be safe
28 and not be in imminent risk of harm, to any family whose
29 child has been placed in substitute care, any persons who
30 have adopted a child and require post-adoption services, or
31 any persons whose child or children are at risk of being
32 placed outside their home as documented by an "indicated"
33 report of suspected child abuse or neglect determined
34 pursuant to the Abused and Neglected Child Reporting Act.
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1 Nothing in this paragraph shall be construed to create a
2 private right of action or claim on the part of any
3 individual or child welfare agency.
4 The Department shall notify the child and his family of
5 the Department's responsibility to offer and provide family
6 preservation services as identified in the service plan. The
7 child and his family shall be eligible for services as soon
8 as the report is determined to be "indicated". The
9 Department may offer services to any child or family with
10 respect to whom a report of suspected child abuse or neglect
11 has been filed, prior to concluding its investigation under
12 Section 7.12 of the Abused and Neglected Child Reporting Act.
13 However, the child's or family's willingness to accept
14 services shall not be considered in the investigation. The
15 Department may also provide services to any child or family
16 who is the subject of any report of suspected child abuse or
17 neglect or may refer such child or family to services
18 available from other agencies in the community, even if the
19 report is determined to be unfounded, if the conditions in
20 the child's or family's home are reasonably likely to subject
21 the child or family to future reports of suspected child
22 abuse or neglect. Acceptance of such services shall be
23 voluntary.
24 The Department may, at its discretion except for those
25 children also adjudicated neglected or dependent, accept for
26 care and training any child who has been adjudicated
27 addicted, as a truant minor in need of supervision or as a
28 minor requiring authoritative intervention, under the
29 Juvenile Court Act or the Juvenile Court Act of 1987, but no
30 such child shall be committed to the Department by any court
31 without the approval of the Department. A minor charged with
32 a criminal offense under the Criminal Code of 1961 or
33 adjudicated delinquent shall not be placed in the custody of
34 or committed to the Department by any court, except a minor
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1 less than 13 years of age committed to the Department under
2 Section 5-23 of the Juvenile Court Act of 1987.
3 (l-1) The legislature recognizes that the best interests
4 of the child require that the child be placed in the most
5 permanent living arrangement as soon as is practically
6 possible. To achieve this goal, the legislature directs the
7 Department of Children and Family Services to conduct
8 concurrent planning so that permanency may occur at the
9 earliest opportunity. Permanent living arrangements may
10 include prevention of placement of a child outside the home
11 of the family when the child can be cared for at home without
12 endangering the child's health or safety; reunification with
13 the family, when safe and appropriate, if temporary placement
14 is necessary; or movement of the child toward the most
15 permanent living arrangement and permanent legal status.
16 When a child is placed in foster care, the Department
17 shall ensure and document that reasonable efforts were made
18 to prevent or eliminate the need to remove the child from the
19 child's home. The Department must make reasonable efforts to
20 reunify the family when temporary placement of the child
21 occurs or must request a finding from the court that
22 reasonable efforts are not appropriate or have been
23 unsuccessful. At any time after the dispositional hearing
24 where the Department believes that further reunification
25 services would be ineffective, it may request a finding from
26 the court that reasonable efforts are no longer appropriate.
27 The Department is not required to provide further
28 reunification services after such a finding.
29 A decision to place a child in substitute care shall be
30 made with considerations of the child's health, safety, and
31 best interests. At the time of placement, consideration
32 should also be given so that if reunification fails or is
33 delayed, the placement made is the best available placement
34 to provide permanency for the child.
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1 The Department shall adopt rules addressing concurrent
2 planning for reunification and permanency. The Department
3 shall consider the following factors when determining
4 appropriateness of concurrent planning:
5 (1) the likelihood of prompt reunification;
6 (2) the past history of the family;
7 (3) the barriers to reunification being addressed
8 by the family;
9 (4) the level of cooperation of the family;
10 (5) the foster parents' willingness to work with
11 the family to reunite;
12 (6) the willingness and ability of the foster
13 family to provide an adoptive home or long-term
14 placement;
15 (7) the age of the child;
16 (8) placement of siblings.
17 (m) The Department may assume temporary custody of any
18 child if:
19 (1) it has received a written consent to such
20 temporary custody signed by the parents of the child or
21 by the parent having custody of the child if the parents
22 are not living together or by the guardian or custodian
23 of the child if the child is not in the custody of either
24 parent, or
25 (2) the child is found in the State and neither a
26 parent, guardian nor custodian of the child can be
27 located.
28 If the child is found in his or her residence without a
29 parent, guardian, custodian or responsible caretaker, the
30 Department may, instead of removing the child and assuming
31 temporary custody, place an authorized representative of the
32 Department in that residence until such time as a parent,
33 guardian or custodian enters the home and expresses a
34 willingness and apparent ability to ensure the child's health
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1 and safety and resume permanent charge of the child, or until
2 a relative enters the home and is willing and able to ensure
3 the child's health and safety and assume charge of the child
4 until a parent, guardian or custodian enters the home and
5 expresses such willingness and ability to ensure the child's
6 safety and resume permanent charge. After a caretaker has
7 remained in the home for a period not to exceed 12 hours, the
8 Department must follow those procedures outlined in Section
9 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
10 The Department shall have the authority, responsibilities
11 and duties that a legal custodian of the child would have
12 pursuant to subsection (9) of Section 1-3 of the Juvenile
13 Court Act of 1987. Whenever a child is taken into temporary
14 custody pursuant to an investigation under the Abused and
15 Neglected Child Reporting Act, or pursuant to a referral and
16 acceptance under the Juvenile Court Act of 1987 of a minor in
17 limited custody, the Department, during the period of
18 temporary custody and before the child is brought before a
19 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
20 of the Juvenile Court Act of 1987, shall have the authority,
21 responsibilities and duties that a legal custodian of the
22 child would have under subsection (9) of Section 1-3 of the
23 Juvenile Court Act of 1987.
24 The Department shall ensure that any child taken into
25 custody is scheduled for an appointment for a medical
26 examination.
27 A parent, guardian or custodian of a child in the
28 temporary custody of the Department who would have custody of
29 the child if he were not in the temporary custody of the
30 Department may deliver to the Department a signed request
31 that the Department surrender the temporary custody of the
32 child. The Department may retain temporary custody of the
33 child for 10 days after the receipt of the request, during
34 which period the Department may cause to be filed a petition
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1 pursuant to the Juvenile Court Act of 1987. If a petition is
2 so filed, the Department shall retain temporary custody of
3 the child until the court orders otherwise. If a petition is
4 not filed within the 10 day period, the child shall be
5 surrendered to the custody of the requesting parent, guardian
6 or custodian not later than the expiration of the 10 day
7 period, at which time the authority and duties of the
8 Department with respect to the temporary custody of the child
9 shall terminate.
10 (n) The Department may place children under 18 years of
11 age in licensed child care facilities when in the opinion of
12 the Department, appropriate services aimed at family
13 preservation have been unsuccessful and cannot ensure the
14 child's health and safety or are unavailable and such
15 placement would be for their best interest. Payment for
16 board, clothing, care, training and supervision of any child
17 placed in a licensed child care facility may be made by the
18 Department, by the parents or guardians of the estates of
19 those children, or by both the Department and the parents or
20 guardians, except that no payments shall be made by the
21 Department for any child placed in a licensed child care
22 facility for board, clothing, care, training and supervision
23 of such a child that exceed the average per capita cost of
24 maintaining and of caring for a child in institutions for
25 dependent or neglected children operated by the Department.
26 However, such restriction on payments does not apply in cases
27 where children require specialized care and treatment for
28 problems of severe emotional disturbance, physical
29 disability, social adjustment, or any combination thereof and
30 suitable facilities for the placement of such children are
31 not available at payment rates within the limitations set
32 forth in this Section. All reimbursements for services
33 delivered shall be absolutely inalienable by assignment,
34 sale, attachment, garnishment or otherwise.
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1 (o) The Department shall establish an administrative
2 review and appeal process for children and families who
3 request or receive child welfare services from the
4 Department. Children who are wards of the Department and are
5 placed by private child welfare agencies, and foster families
6 with whom those children are placed, shall be afforded the
7 same procedural and appeal rights as children and families in
8 the case of placement by the Department, including the right
9 to an initial review of a private agency decision by that
10 agency. The Department shall insure that any private child
11 welfare agency, which accepts wards of the Department for
12 placement, affords those rights to children and foster
13 families. The Department shall accept for administrative
14 review and an appeal hearing a complaint made by a child or
15 foster family concerning a decision following an initial
16 review by a private child welfare agency. An appeal of a
17 decision concerning a change in the placement of a child
18 shall be conducted in an expedited manner.
19 (p) There is hereby created the Department of Children
20 and Family Services Emergency Assistance Fund from which the
21 Department may provide special financial assistance to
22 families which are in economic crisis when such assistance is
23 not available through other public or private sources and the
24 assistance is deemed necessary to prevent dissolution of the
25 family unit or to reunite families which have been separated
26 due to child abuse and neglect. The Department shall
27 establish administrative rules specifying the criteria for
28 determining eligibility for and the amount and nature of
29 assistance to be provided. The Department may also enter
30 into written agreements with private and public social
31 service agencies to provide emergency financial services to
32 families referred by the Department. Special financial
33 assistance payments shall be available to a family no more
34 than once during each fiscal year and the total payments to a
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1 family may not exceed $500 during a fiscal year.
2 (q) The Department may receive and use, in their
3 entirety, for the benefit of children any gift, donation or
4 bequest of money or other property which is received on
5 behalf of such children, or any financial benefits to which
6 such children are or may become entitled while under the
7 jurisdiction or care of the Department.
8 The Department shall set up and administer no-cost,
9 interest-bearing savings accounts in appropriate financial
10 institutions ("individual accounts") for children for whom
11 the Department is legally responsible and who have been
12 determined eligible for Veterans' Benefits, Social Security
13 benefits, assistance allotments from the armed forces, court
14 ordered payments, parental voluntary payments, Supplemental
15 Security Income, Railroad Retirement payments, Black Lung
16 benefits, or other miscellaneous payments. Interest earned
17 by each individual account shall be credited to the account,
18 unless disbursed in accordance with this subsection.
19 In disbursing funds from children's individual accounts,
20 the Department shall:
21 (1) Establish standards in accordance with State
22 and federal laws for disbursing money from children's
23 individual accounts. In all circumstances, the
24 Department's "Guardianship Administrator" or his or her
25 designee must approve disbursements from children's
26 individual accounts. The Department shall be responsible
27 for keeping complete records of all disbursements for
28 each individual account for any purpose.
29 (2) Calculate on a monthly basis the amounts paid
30 from State funds for the child's board and care, medical
31 care not covered under Medicaid, and social services; and
32 utilize funds from the child's individual account, as
33 covered by regulation, to reimburse those costs.
34 Monthly, disbursements from all children's individual
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1 accounts, up to 1/12 of $13,000,000, shall be deposited
2 by the Department into the General Revenue Fund and the
3 balance over 1/12 of $13,000,000 into the DCFS Children's
4 Services Fund.
5 (3) Maintain any balance remaining after
6 reimbursing for the child's costs of care, as specified
7 in item (2). The balance shall accumulate in accordance
8 with relevant State and federal laws and shall be
9 disbursed to the child or his or her guardian, or to the
10 issuing agency.
11 (r) The Department shall promulgate regulations
12 encouraging all adoption agencies to voluntarily forward to
13 the Department or its agent names and addresses of all
14 persons who have applied for and have been approved for
15 adoption of a hard-to-place or handicapped child and the
16 names of such children who have not been placed for adoption.
17 A list of such names and addresses shall be maintained by the
18 Department or its agent, and coded lists which maintain the
19 confidentiality of the person seeking to adopt the child and
20 of the child shall be made available, without charge, to
21 every adoption agency in the State to assist the agencies in
22 placing such children for adoption. The Department may
23 delegate to an agent its duty to maintain and make available
24 such lists. The Department shall ensure that such agent
25 maintains the confidentiality of the person seeking to adopt
26 the child and of the child.
27 (s) The Department of Children and Family Services may
28 establish and implement a program to reimburse Department and
29 private child welfare agency foster parents licensed by the
30 Department of Children and Family Services for damages
31 sustained by the foster parents as a result of the malicious
32 or negligent acts of foster children, as well as providing
33 third party coverage for such foster parents with regard to
34 actions of foster children to other individuals. Such
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1 coverage will be secondary to the foster parent liability
2 insurance policy, if applicable. The program shall be funded
3 through appropriations from the General Revenue Fund,
4 specifically designated for such purposes.
5 (t) The Department shall perform home studies and
6 investigations and shall exercise supervision over visitation
7 as ordered by a court pursuant to the Illinois Marriage and
8 Dissolution of Marriage Act or the Adoption Act only if:
9 (1) an order entered by an Illinois court
10 specifically directs the Department to perform such
11 services; and
12 (2) the court has ordered one or both of the
13 parties to the proceeding to reimburse the Department for
14 its reasonable costs for providing such services in
15 accordance with Department rules, or has determined that
16 neither party is financially able to pay.
17 The Department shall provide written notification to the
18 court of the specific arrangements for supervised visitation
19 and projected monthly costs within 60 days of the court
20 order. The Department shall send to the court information
21 related to the costs incurred except in cases where the court
22 has determined the parties are financially unable to pay. The
23 court may order additional periodic reports as appropriate.
24 (u) Whenever the Department places a child in a licensed
25 foster home, group home, child care institution, or in a
26 relative home, the Department shall provide to the caretaker:
27 (1) available detailed information concerning the
28 child's educational and health history, copies of
29 immunization records (including insurance and medical
30 card information), a history of the child's previous
31 placements, if any, and reasons for placement changes
32 excluding any information that identifies or reveals the
33 location of any previous caretaker;
34 (2) a copy of the child's portion of the client
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1 service plan, including any visitation arrangement, and
2 all amendments or revisions to it as related to the
3 child; and
4 (3) information containing details of the child's
5 individualized educational plan when the child is
6 receiving special education services.
7 The caretaker shall be informed of any known social or
8 behavioral information (including, but not limited to,
9 criminal background, fire setting, perpetuation of sexual
10 abuse, destructive behavior, and substance abuse) necessary
11 to care for and safeguard the child.
12 (u-5) Effective July 1, 1995, only foster care
13 placements licensed as foster family homes pursuant to the
14 Child Care Act of 1969 shall be eligible to receive foster
15 care payments from the Department. Relative caregivers who,
16 as of July 1, 1995, were approved pursuant to approved
17 relative placement rules previously promulgated by the
18 Department at 89 Ill. Adm. Code 335 and had submitted an
19 application for licensure as a foster family home may
20 continue to receive foster care payments only until the
21 Department determines that they may be licensed as a foster
22 family home or that their application for licensure is denied
23 or until September 30, 1995, whichever occurs first.
24 (v) The Department shall access criminal history record
25 information as defined in the Illinois Uniform Conviction
26 Information Act and information maintained in the
27 adjudicatory and dispositional record system as defined in
28 subdivision (A)19 of Section 55a of the Civil Administrative
29 Code of Illinois if the Department determines the information
30 is necessary to perform its duties under the Abused and
31 Neglected Child Reporting Act, the Child Care Act of 1969,
32 and the Children and Family Services Act. The Department
33 shall provide for interactive computerized communication and
34 processing equipment that permits direct on-line
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1 communication with the Department of State Police's central
2 criminal history data repository. The Department shall
3 comply with all certification requirements and provide
4 certified operators who have been trained by personnel from
5 the Department of State Police. In addition, one Office of
6 the Inspector General investigator shall have training in the
7 use of the criminal history information access system and
8 have access to the terminal. The Department of Children and
9 Family Services and its employees shall abide by rules and
10 regulations established by the Department of State Police
11 relating to the access and dissemination of this information.
12 (w) Within 120 days of August 20, 1995 (the effective
13 date of Public Act 89-392), the Department shall prepare and
14 submit to the Governor and the General Assembly, a written
15 plan for the development of in-state licensed secure child
16 care facilities that care for children who are in need of
17 secure living arrangements for their health, safety, and
18 well-being. For purposes of this subsection, secure care
19 facility shall mean a facility that is designed and operated
20 to ensure that all entrances and exits from the facility, a
21 building or a distinct part of the building, are under the
22 exclusive control of the staff of the facility, whether or
23 not the child has the freedom of movement within the
24 perimeter of the facility, building, or distinct part of the
25 building. The plan shall include descriptions of the types
26 of facilities that are needed in Illinois; the cost of
27 developing these secure care facilities; the estimated number
28 of placements; the potential cost savings resulting from the
29 movement of children currently out-of-state who are projected
30 to be returned to Illinois; the necessary geographic
31 distribution of these facilities in Illinois; and a proposed
32 timetable for development of such facilities.
33 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
34 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
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1 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
2 revised 10-20-97.)
3 (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
4 Sec. 17a-4. Grants for community-based youth services;
5 Department of Human Services.
6 (a) The Department of Human Services shall make grants
7 for the purpose of planning, establishing, operating,
8 coordinating and evaluating programs aimed at reducing or
9 eliminating the involvement of youth in the child welfare or
10 juvenile justice systems. The programs shall include those
11 providing for more comprehensive and integrated
12 community-based youth services including Unified Delinquency
13 Intervention Services programs and for community services
14 programs. The Department may authorize advance disbursement
15 of funds for such youth services programs. When the
16 appropriation for "comprehensive community-based service to
17 youth" is equal to or exceeds $5,000,000, the Department
18 shall allocate the total amount of such appropriated funds in
19 the following manner:
20 (1) no more than 20% of the grant funds
21 appropriated shall be awarded by the Department for new
22 program development and innovation;
23 (2) not less than 80% of grant funds appropriated
24 shall be allocated to community-based 92community-based
25 youth services programs based upon population of youth
26 under 18 018 years of age and other demographic variables
27 defined by the Department of Human Services by rule,
28 which may include weighting for service priorities
29 relating to special needs identified in the annual plans
30 of the regional youth planning committees established
31 under this Act;
32 (3) if any amount so allocated under paragraph (2)
33 of this subsection (a) remains unobligated such funds
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1 shall be reallocated in a manner equitable and consistent
2 with the purpose of paragraph (2) of this subsection (a);
3 and
4 (4) the local boards or local service systems shall
5 certify prior to receipt of grant funds from the
6 Department of Human Services that a 10% local public or
7 private financial or in-kind commitment is allocated to
8 supplement the State grant.
9 (b) Notwithstanding any provision in this Act or rules
10 promulgated under this Act to the contrary, unless expressly
11 prohibited by federal law or regulation, all individuals,
12 corporations, or other entities that provide medical or
13 mental health services, whether organized as for-profit or
14 not-for-profit entities, shall be eligible for consideration
15 by the Department of Human Services to participate in any
16 program funded or administered by the Department. This
17 subsection shall not apply to the receipt of federal funds
18 administered and transferred by the Department for services
19 when the federal government has specifically provided that
20 those funds may be received only by those entities organized
21 as not-for-profit entities.
22 (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
23 revised 3-10-97.)
24 (20 ILCS 505/21) (from Ch. 23, par. 5021)
25 Sec. 21. (a) To make such investigations as it may deem
26 necessary to the performance of its duties.
27 (b) In the course of any such investigation any
28 qualified person authorized by the Director may administer
29 oaths and secure by its subpoena both the attendance and
30 testimony of witnesses and the production of books and papers
31 relevant to such investigation. Any person who is served with
32 a subpoena by the Department to appear and testify or to
33 produce books and papers, in the course of an investigation
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1 authorized by law, and who refuses or neglects to appear, or
2 to testify, or to produce books and papers relevant to such
3 investigation, as commanded in such subpoena, shall be guilty
4 of a Class B misdemeanor. The fees of witnesses for
5 attendance and travel shall be the same as the fees of
6 witnesses before the circuit courts of this State. Any
7 circuit court of this State, upon application of the
8 Department, may compel the attendance of witnesses, the
9 production of books and papers, and giving of testimony
10 before the Department or before any authorized officer or
11 employee thereof, by an attachment for contempt or otherwise,
12 in the same manner as production of evidence may be compelled
13 before such court. Every person who, having taken an oath or
14 made affirmation before the Department or any authorized
15 officer or employee thereof, shall willfully swear or affirm
16 falsely, shall be guilty of perjury and upon conviction shall
17 be punished accordingly.
18 (c) Investigations initiated under this Section shall
19 provide individuals due process of law, including the right
20 to a hearing, to cross-examine witnesses, to obtain relevant
21 documents, and to present evidence. Administrative findings
22 shall be subject to the provisions of the Administrative
23 Review Law.
24 (d) Beginning July 1, 1988, any child protective
25 investigator or supervisor or child welfare specialist or
26 supervisor employed by the Department on the effective date
27 of this amendatory Act of 1987 shall have completed a
28 training program which shall be instituted by the Department.
29 The training program shall include, but not be limited to,
30 the following: (1) training in the detection of symptoms of
31 child neglect and drug abuse; (2) specialized training for
32 dealing with families and children of drug abusers; and (3)
33 specific training in child development, family dynamics and
34 interview techniques. Such program shall conform to the
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1 criteria and curriculum developed under Section 4 of the
2 Child Protective Investigator and Child Welfare Specialist
3 Certification Act of 1987. Failure to complete such training
4 due to lack of opportunity provided by the Department shall
5 in no way be grounds for any disciplinary or other action
6 against an investigator or a specialist.
7 The Department shall develop a continuous inservice staff
8 development program and evaluation system. Each child
9 protective investigator and supervisor and child welfare
10 specialist and supervisor shall participate in such program
11 and evaluation and shall complete a minimum of 20 hours of
12 inservice education and training every 2 years in order to
13 maintain certification.
14 Any child protective investigator or child protective
15 supervisor, or child welfare specialist or child welfare
16 specialist supervisor hired by the Department who begins his
17 actual employment after the effective date of this amendatory
18 Act of 1987, shall be certified pursuant to the Child
19 Protective Investigator and Child Welfare Specialist
20 Certification Act of 1987 before he begins such employment.
21 Nothing in this Act shall replace or diminish the rights of
22 employees under the Illinois Public Labor Relations Act, as
23 amended, or the National Labor Relations Act. In the event of
24 any conflict between either of those Acts, or any collective
25 bargaining agreement negotiated thereunder, and the
26 provisions of subsections (d) and (e), the former shall
27 prevail and control.
28 (e) The Department shall develop and implement the
29 following:
30 (1) A standardized standarized child endangerment
31 risk assessment protocol.
32 (2) Related training procedures.
33 (3) A standardized standarized method for
34 demonstration of proficiency in application of the
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1 protocol.
2 (4) An evaluation of the reliability and validity
3 of the protocol.
4 All child protective investigators and supervisors and child
5 welfare specialists and supervisors employed by the
6 Department or its contractors shall be required, subsequent
7 to the availability of training under this Act, to
8 demonstrate proficiency in application of the protocol
9 previous to being permitted to make decisions about the
10 degree of risk posed to children for whom they are
11 responsible. The Department shall establish a
12 multi-disciplinary advisory committee composed of not more
13 than 15 members appointed by the Director, including but not
14 limited to representatives from the fields of child
15 development, domestic violence, family systems, juvenile
16 justice, law enforcement, health care, mental health,
17 substance abuse, and social service to advise the Department
18 and its related contractors in the development and
19 implementation of the child endangerment risk assessment
20 protocol, related training, method for demonstration of
21 proficiency in application of the protocol, and evaluation of
22 the reliability and validity of the protocol. The Department
23 shall develop the protocol, training curriculum, method for
24 demonstration of proficiency in application of the protocol
25 and method for evaluation of the reliability and validity of
26 the protocol by July 1, 1995. Training and demonstration of
27 proficiency in application of the child endangerment risk
28 assessment protocol for all child protective investigators
29 and supervisors and child welfare specialists and supervisors
30 shall be completed as soon as practicable, but no later than
31 January 1, 1996. The Department shall submit to the General
32 Assembly on or before May 1, 1996, and every year thereafter,
33 an annual report on the evaluation of the reliability and
34 validity of the child endangerment risk assessment protocol.
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1 The Department shall contract with a not for profit
2 organization with demonstrated expertise in the field of
3 child endangerment risk assessment to assist in the
4 development and implementation of the child endangerment risk
5 assessment protocol, related training, method for
6 demonstration of proficiency in application of the protocol,
7 and evaluation of the reliability and validity of the
8 protocol.
9 (Source: P.A. 88-614, eff. 9-7-94; revised 7-21-97.)
10 Section 22. The Civil Administrative Code of Illinois is
11 amended by changing Sections 46.6c and 46.19j as follows:
12 (20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
13 Sec. 46.6c. The Department may, subject to
14 appropriation, provide contractual funding from the Tourism
15 Promotion Fund for the administrative costs of not-for-profit
16 regional tourism development organizations that assist the
17 Department in developing tourism throughout a multi-county
18 geographical area designated by the Department. Regional
19 tourism development organizations receiving funds under this
20 Section may be required by the Department to submit to audits
21 of contracts awarded by the Department to determine whether
22 the regional tourism development organization has performed
23 all contractual obligations under those contracts. Every
24 employee of a regional tourism development organization
25 receiving funds under this Section shall disclose to its
26 governing board and to the Department any economic interest
27 that employee may have in any entity with which the regional
28 tourism development organization has contracted with or to
29 which the regional tourism development organization has
30 granted funds.
31 (Source: P.A. 90-26, eff. 7-1-97; revised 1-7-98.)
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1 (20 ILCS 605/46.19j)
2 Sec. 46.19j. Job Training and Economic Development
3 Demonstration Grant Program.
4 (a) Legislative findings. The General Assembly finds
5 that:
6 (1) despite the large number of unemployed job
7 seekers, many employers are having difficulty matching
8 the skills they require with the skills of workers; a
9 similar problem exists in industries where overall
10 employment may not be expanding but there is an acute
11 need for skilled workers in particular occupations;
12 (2) the State of Illinois should foster local
13 economic development by linking the job training of
14 unemployed disadvantaged citizens with the workforce
15 needs of local business and industry; and
16 (3) employers often need assistance in developing
17 training resources that will provide work opportunities
18 for disadvantaged populations.
19 (b) Definitions. As used in this Act:
20 "Community based provider" means a not-for-profit
21 organization, with local boards of directors, that directly
22 provides job training services.
23 "Disadvantaged persons" has the same meaning as the term
24 is defined in Title II-A of the federal Job Training
25 Partnership Act.
26 "Training partners" means a community-based provider and
27 one or more employers who have established training and
28 placement linkages.
29 (c) From funds appropriated for that purpose, the
30 Department of Commerce and Community Affairs shall administer
31 a Job Training and Economic Development Demonstration Grant
32 Program. The Director shall make not less than 12 and not
33 more than 20 demonstration project grants to community-based
34 providers. The grants shall be made to support the
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1 following:
2 (1) partnerships between community-based providers
3 and employers for the customized training of existing
4 low-skilled, low-wage employees and newly hired
5 disadvantaged persons; and
6 (2) partnerships between community-based providers
7 and employers to develop training programs that would
8 link the work force needs of local industry with the job
9 training of unemployed disadvantaged persons.
10 (d) For projects created under paragraph (1) of
11 subsection (c) (b):
12 (1) the Department shall give a priority to
13 projects that include an in-kind match by an employer in
14 partnership with a community-based provider and projects
15 that use instructional materials and training instructors
16 directly used in the specific industry sector of the
17 partnership employer; and
18 (2) the partnership employer must be an active
19 participant in the curriculum development, employ under
20 250 workers, and train primarily disadvantaged
21 populations.
22 (e) For projects created under paragraph (2) of
23 subsection (c) (b):
24 (1) community based organizations shall assess the
25 employment barriers and needs of local residents and work
26 in partnership with local economic development
27 organizations to identify the priority workforce needs of
28 the local industry;
29 (2) training partners, that is, community-based
30 organizations and employers, shall work together to
31 design programs with maximum benefits to local
32 disadvantaged persons and local employers;
33 (3) employers must be involved in identifying
34 specific skill-training needs, planning curriculum,
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1 assisting in training activities, providing job
2 opportunities, and coordinating job retention for people
3 hired after training through this program and follow-up
4 support; and
5 (4) the community-based organizations shall serve
6 disadvantaged persons, including welfare recipients.
7 (f) The Department shall adopt rules for the grant
8 program and shall create a competitive application procedure
9 for those grants to be awarded beginning in fiscal year 1998.
10 (Source: P.A. 90-474, eff. 1-1-98; revised 1-7-98.)
11 Section 23. The Business Assistance and Regulatory
12 Reform Act is amended by changing Section 15 as follows:
13 (20 ILCS 608/15)
14 Sec. 15. Providing Information and Expediting Permit
15 Reviews.
16 (a) The office shall provide an information system using
17 a toll-free business assistance number. The number shall be
18 advertised throughout the State. If requested, the caller
19 will be sent a basic business kit, describing the basic
20 requirements and procedures for doing business in Illinois.
21 If requested, the caller shall be directed to one or more of
22 the additional services provided by the office. All persons
23 providing advice to callers on behalf of the office and all
24 persons responsible for directly providing services to
25 persons visiting the office or one of its branches shall be
26 persons with small business experience in an administrative
27 or managerial capacity.
28 (b) (Blank).
29 (c) Any applicant for permits required for a business
30 activity may confer with the office to obtain assistance in
31 the prompt and efficient processing and review of
32 applications. The office may designate an employee of the
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1 office to act as a permit assistance manager to:
2 (1) facilitate contacts for the applicant with
3 responsible agencies;
4 (2) arrange conferences to clarify the requirements
5 of interested agencies;
6 (3) consider with State agencies the feasibility of
7 consolidating hearings and data required of the
8 applicant;
9 (4) assist the applicant in resolution of
10 outstanding issues identified by State agencies; and
11 (5) coordinate federal, State and local regulatory
12 procedures and permit review actions to the extent
13 possible.
14 (d) The office shall publish a directory of State
15 business permits and State programs to assist small
16 businesses.
17 (e) The office shall attempt to establish agreements
18 with local governments to allow the office to provide
19 assistance to applicants for permits required by these local
20 governments.
21 (f) Interested State agencies shall, to the maximum
22 extent feasible, establish procedures to expedite
23 applications for infrastructure projects. Applications for
24 permits for infrastructure projects shall be approved or
25 disapproved within 45 days of submission, unless law or
26 regulations specify a different period. If the interested
27 agency is unable to act within that period, the agency shall
28 provide a written notification to the office specifying
29 reasons for its inability to act and the date by which
30 approval or disapproval shall be determined. The office may
31 require any interested State agency to designate an employee
32 who will coordinate the handling of permits in that area.
33 (g) In addition to its responsibilities in connection
34 with permit assistance, the office shall provide general
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1 regulatory information by directing businesses to appropriate
2 officers in State agencies to supply the information
3 requested.
4 (h) The office shall help businesses to locate and apply
5 to training programs available to train current employees in
6 particular skills, techniques or areas of knowledge relevant
7 to the employees' present or anticipated job duties. In
8 pursuit of this objective, the office shall provide
9 businesses with pertinent information about training programs
10 offered by State agencies, units of local government, public
11 universities and colleges, community colleges, and school
12 districts in Illinois.
13 (i) The office shall help businesses to locate and apply
14 to State programs offering to businesses grants, loans, loan
15 or bond guarantees, investment partnerships, technology or
16 productivity consultation, or other forms of business
17 assistance.
18 (j) To the extent authorized by federal law, the office
19 shall assist businesses in ascertaining and complying with
20 the requirements of the federal Americans with Disabilities
21 Act.
22 (k) The office shall provide confidential on-site
23 assistance in identifying problems and solutions in
24 compliance with requirements of the federal Occupational
25 Safety and Health Administration and other State and federal
26 environmental regulations. The office shall work through and
27 contract with the Waste Management and Research Center to
28 provide confidential on-site consultation audits that (i)
29 assist regulatory compliance and (ii) identify pollution
30 prevention opportunities.
31 (l) The office shall provide information on existing
32 loan and business assistance programs provided by the State.
33 (m) Each State agency having jurisdiction to approve or
34 deny a permit shall have the continuing power heretofore or
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1 hereafter vested in it to make such determinations. The
2 provisions of this Act shall not lessen or reduce such powers
3 and shall modify the procedures followed in carrying out such
4 powers only to the extent provided in this Act.
5 (n) (1) Each State agency shall fully cooperate with the
6 office in providing information, documentation, personnel or
7 facilities requested by the office.
8 (2) Each State agency having jurisdiction of any permit
9 to which the master application procedure is applicable shall
10 designate an employee to act as permit liaison office with
11 the office in carrying out the provisions of this Act.
12 (o) (1) The office has authority, but is not required,
13 to keep and analyze appropriate statistical data regarding
14 the number of permits issued by State agencies, the amount of
15 time necessary for the permits to be issued, the cost of
16 obtaining such permits, the types of projects for which
17 specific permits are issued, a geographic distribution of
18 permits, and other pertinent data the office deems
19 appropriate.
20 The office shall make such data and any analysis of the
21 data available to the public.
22 (2) The office has authority, but is not required, to
23 conduct or cause to be conducted a thorough review of any
24 agency's permit requirements and the need by the State to
25 require such permits. The office shall draw on the review,
26 on its direct experience, and on its statistical analyses to
27 prepare recommendations regarding how to:
28 (i) eliminate unnecessary or antiquated permit
29 requirements;
30 (ii) consolidate duplicative or overlapping permit
31 requirements;
32 (iii) simplify overly complex or lengthy
33 application procedures;
34 (iv) expedite time-consuming agency review and
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1 approval procedures; or
2 (v) otherwise improve the permitting processes in
3 the State.
4 The office shall submit copies of all recommendations
5 within 5 days of issuance to the affected agency, the
6 Governor, the General Assembly, and the Joint Committee on
7 Administrative Rules.
8 (p) The office has authority to review State forms on
9 its own initiative or upon the request of another State
10 agency to ascertain the burden, if any, of complying with
11 those forms. If the office determines that a form is unduly
12 burdensome to business, it may recommend to the agency
13 issuing the form either that the form be eliminated or that
14 specific changes be made in the form.
15 (q) Not later than March 1 of each year, beginning March
16 1, 1995, the office shall submit an annual report of its
17 activities during the preceding year to the Governor and
18 General Assembly. The report shall describe the activities
19 of the office during the preceding year and shall contain
20 statistical information on the permit assistance activities
21 of the office.
22 (Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97;
23 revised 11-13-97.)
24 Section 24. The Illinois Promotion Act is amended by
25 changing Section 4a as follows:
26 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
27 Sec. 4a. Funds.
28 (1) As soon as possible after the first day of each
29 month, beginning July 1, 1978 and ending June 30, 1997, upon
30 certification of the Department of Revenue, the Comptroller
31 shall order transferred and the Treasurer shall transfer from
32 the General Revenue Fund to a special fund in the State
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1 Treasury, to be known as the "Tourism Promotion Fund", an
2 amount equal to 10% of the net revenue realized from "The
3 Hotel Operators' Occupation Tax Act", as now or hereafter
4 amended, plus an amount equal to 10% of the net revenue
5 realized from any tax imposed under Section 4.05 of the
6 Chicago World's Fair - 1992 Authority Act, as now or
7 hereafter amended, during the preceding month. Net revenue
8 realized for a month shall be the revenue collected by the
9 State pursuant to that Act during the previous month less the
10 amount paid out during that same month as refunds to
11 taxpayers for overpayment of liability under that Act.
12 All moneys deposited in the Tourism Promotion Fund
13 pursuant to this subsection are allocated to the Department
14 for utilization, as appropriated, in the performance of its
15 powers under Section 4.
16 As soon as possible after the first day of each month,
17 beginning July 1, 1997, upon certification of the Department
18 of Revenue, the Comptroller shall order transferred and the
19 Treasurer shall transfer from the General Revenue Fund to the
20 Tourism Promotion Fund an amount equal to 13% of the net
21 revenue realized from the Hotel Operators' Occupation Tax Act
22 plus an amount equal to 13% of the net revenue realized from
23 any tax imposed under Section 4.05 of the Chicago World's
24 Fair-1992 Authority Act during the preceding month. "Net
25 revenue realized for a month" means the revenue collected by
26 the State under that Act during the previous month less the
27 amount paid out during that same month as refunds to
28 taxpayers for overpayment of liability under that Act.
29 (1.1) (Blank).
30 (2) (Blank). As soon as possible after the first day of
31 each month, beginning July 1, 1997, upon certification of the
32 Department of Revenue, the Comptroller shall order
33 transferred and the Treasurer shall transfer from the General
34 Revenue Fund to the Tourism Promotion Fund an amount equal to
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1 8% of the net revenue realized from the Hotel Operators'
2 Occupation Tax plus an amount equal to 8% of the net revenue
3 realized from any tax imposed under Section 4.05 of the
4 Chicago World's Fair-1992 Authority Act during the preceding
5 month. "Net revenue realized for a month" means the revenue
6 collected by the State under that Act during the previous
7 month less the amount paid out during that same month as
8 refunds to taxpayers for overpayment of liability under that
9 Act.
10 All monies deposited in the Tourism Promotion Fund under
11 this subsection (2) shall be used solely as provided in this
12 subsection to advertise and promote tourism throughout
13 Illinois. Appropriations of monies deposited in the Tourism
14 Promotion Fund pursuant to this subsection (2) shall be used
15 solely for advertising to promote tourism, including but not
16 limited to advertising production and direct advertisement
17 costs, but shall not be used to employ any additional staff,
18 finance any individual event, or lease, rent or purchase any
19 physical facilities. The Department shall coordinate its
20 advertising under this subsection (2) with other public and
21 private entities in the State engaged in similar promotion
22 activities. Print or electronic media production made
23 pursuant to this subsection (2) for advertising promotion
24 shall not contain or include the physical appearance of or
25 reference to the name or position of any public officer.
26 "Public officer" means a person who is elected to office
27 pursuant to statute, or who is appointed to an office which
28 is established, and the qualifications and duties of which
29 are prescribed, by statute, to discharge a public duty for
30 the State or any of its political subdivisions.
31 (3) Subject to appropriation, moneys shall be
32 transferred from the Tourism Promotion Fund into the Grape
33 and Wine Resources Fund pursuant to Article XII of the Liquor
34 Control Act of 1934 and shall be used by the Department in
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1 accordance with the provisions of that Article.
2 (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; revised
3 7-31-97.)
4 Section 25. The Civil Administrative Code of Illinois is
5 amended by changing Section 63a21.1 as follows:
6 (20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
7 Sec. 63a21.1. Fees. To assess appropriate and reasonable
8 fees for the use of concession type facilities as well as
9 other facilities and sites under the jurisdiction of the
10 Department of Natural Resources. The Department may
11 regulate, by rule, the fees to be charged. The income
12 collected shall be deposited in the State Parks Park Fund or
13 Wildlife and Fish Fund depending on the classification of the
14 State managed facility involved.
15 (Source: P.A. 88-91; 89-445, eff. 2-7-96; revised 3-28-97.)
16 Section 26. The Energy Conservation and Coal Development
17 Act is amended by changing Section 16 as follows:
18 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
19 (Section scheduled to be repealed on July 1, 1998)
20 Sec. 16. Battery Task Force.
21 (a) Within the Department is created a Battery Task
22 Force to be comprised of (i) the Director of the Department
23 who shall serve as chair of the Task Force; (ii) the Director
24 of the Environmental Protection Agency; (iii) the Director
25 of the Waste Management and Research Center; and (iv) 15
26 persons who shall be appointed by the Director of the
27 Department, including 2 persons representing an environmental
28 organization, 2 persons representing the battery cell
29 industry, 2 persons representing the rechargeable powered
30 tool/device industry, 3 representatives from local government
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1 with residential recycling programs (including one from a
2 municipality with more than a million people), one person
3 representing the retail industry, one person representing a
4 consumer group, 2 persons representing the waste management
5 industry, one person representing a recycling firm, and one
6 person representing a citizens' group active in local solid
7 waste issues.
8 (b) The Task Force shall prepare a report of its
9 findings and recommendations and shall present the report to
10 the Governor and the General Assembly on or before April 1,
11 1993. Among other things, the Task Force shall evaluate:
12 (1) collection, storage, and processing systems for
13 the recycling and proper management of common household
14 batteries and rechargeable battery products generated by
15 consumers, businesses, institutions, and governmental
16 units;
17 (2) public education programs that promote waste
18 reduction, reuse, and recycling strategies for household
19 batteries;
20 (3) disposal bans on specific household batteries
21 or rechargeable battery products;
22 (4) management options for rechargeable tools and
23 appliances;
24 (5) technical and financial assistance programs for
25 local governments;
26 (6) guidelines and regulations for the storage,
27 transportation, and disposal of household batteries;
28 (7) labeling requirements for household batteries
29 and battery packaging;
30 (8) metal content limits and sale restrictions for
31 carbon-zinc, nickel-cadmium, and button batteries;
32 (9) market development options for materials
33 recovered from household batteries;
34 (10) industry waste reduction developments,
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1 including substitution of longer-life, rechargeable and
2 recyclable batteries, substitution of alternative
3 products which do not require batteries, increased use of
4 power-source adapters, and use of replaceable batteries
5 in battery-powered appliances; and
6 (11) the feasibility of reverse distribution of
7 batteries.
8 The Task Force shall review, evaluate, and compare
9 existing battery management and collection systems and
10 studies including those used from other states, the European
11 Community, and other major industrial nations. The Task Force
12 shall consult with manufacturers and the public to determine
13 the most cost effective and efficient means for battery
14 management.
15 This Section is repealed July 1, 1998.
16 (Source: P.A. 90-372, eff. 7-1-98; 90-490, eff. 8-17-97;
17 revised 11-17-97.)
18 Section 27. The Energy Conservation Act is amended by
19 changing Section 3 as follows:
20 (20 ILCS 1115/3) (from Ch. 96 1/2, par. 7603)
21 Sec. 3. Definitions. As used in this Act:
22 "HVAC" means a system that provides comfort, heating or
23 air-conditioning within or associated with a building.
24 "Lighting efficiency standards" means practices or
25 regulations which would conserve the energy needed to light
26 new public buildings.
27 "Thermal efficiency standards" means regulations or
28 practices which would conserve energy by affecting the
29 exterior envelope physical characteristics, HVAC system
30 selection and configuration, HVAC system performance and
31 service water heating design and equipment selection for all
32 new and renovated buildings.
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1 "Unit of local government" means a county, municipality,
2 township, special district, school district, and a unit
3 designated as a unit of local government by law, which
4 exercises limited governmental power or powers in respect to
5 limited governmental subjects.
6 (Source: P.A. 81-357; revised 12-18-97.)
7 Section 28. The Mental Health and Developmental
8 Disabilities Administrative Act is amended by setting forth
9 and renumbering multiple versions of Section 69 as follows:
10 (20 ILCS 1705/69)
11 Sec. 69. Joint planning by the Department of Human
12 Services and the Department of Children and Family Services.
13 The purpose of this Section is to mandate that joint planning
14 occur between the Department of Children and Family Services
15 and the Department of Human Services to ensure that the 2
16 agencies coordinate their activities and effectively work
17 together to provide wards with developmental disabilities for
18 whom the Department of Children and Family Services is
19 legally responsible a smooth transition to adult living upon
20 reaching the age of 21. The Department of Children and
21 Family Services and the Department of Human Services shall
22 execute an interagency agreement by January 1, 1998 that
23 outlines the terms of the coordination process. The
24 Departments shall consult with private providers of services
25 to children in formulating the interagency agreement.
26 (Source: P.A. 90-512, eff. 8-22-97.)
27 (20 ILCS 1705/70)
28 Sec. 70. 69. Monitoring by closed circuit television.
29 The Department of Human Services as successor to the
30 Department of Mental Health and Developmental Disabilities
31 may install closed circuit televisions in quiet rooms in
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1 institutions supervised or operated by the Department to
2 monitor patients in those quiet rooms. Nothing in this
3 Section shall be construed to supersede or interfere with any
4 current provisions in the Mental Health and Developmental
5 Disabilities Code concerning the observation and monitoring
6 of patients.
7 (Source: P.A. 90-444, eff. 8-16-97; revised 11-19-97.)
8 Section 29. The Illinois Health Finance Reform Act is
9 amended by changing Section 4-4 as follows:
10 (20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)
11 Sec. 4-4. (a) Hospitals shall make available to
12 prospective patients information on the normal charge
13 incurred for any procedure or operation the prospective
14 patient is considering.
15 (b) The Council shall require hospitals to post in
16 letters no more than one inch in height the established
17 charges for services, where applicable, including but not
18 limited to, the hospital's hospitals private room charge,
19 semi-private room charge, charge for a room rooms with 3 or
20 more beds charge, intensive care room charges, emergency room
21 charge, operating room charge, electrocardiogram
22 electrocardiagram charge, anesthesia charge, chest x-ray
23 charge, blood sugar charge, blood chemistry charge, tissue
24 exam charge, blood typing charge and Rh factor charge. The
25 definitions of each charge to be posted shall be determined
26 by the Council.
27 (Source: P.A. 84-325; revised 8-7-97.)
28 Section 30. The Civil Administrative Code of Illinois is
29 amended by setting forth and renumbering multiple versions of
30 Sections 55.84 and 55.85 as follows:
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1 (20 ILCS 2310/55.84)
2 Sec. 55.84. Breast feeding; public information campaign.
3 The Department of Public Health may conduct an information
4 campaign for the general public to promote breast feeding of
5 infants by their mothers. The Department may include the
6 information in a brochure prepared under Section 55.64 or in
7 a brochure that shares other information with the general
8 public and is distributed free of charge. If the Department
9 includes the information required under this Section in a
10 brochure authorized or required under another provision of
11 law, the Department may continue to use existing stocks of
12 that brochure before adding the information required under
13 this Section but shall add that information in the next
14 printing of the brochure. The information required under
15 this Section may be distributed to the parents or legal
16 custodians of each newborn upon discharge of the infant from
17 a hospital or other health care facility.
18 (Source: P.A. 90-244, eff. 1-1-98.)
19 (20 ILCS 2310/55.85)
20 Sec. 55.85. Grants from the Mental Health Research Fund.
21 From funds appropriated from the Mental Health Research Fund,
22 the Department of Human Services shall award grants to
23 organizations in Illinois, for the purpose of research of
24 mental illness.
25 (Source: P.A. 90-171, eff. 7-23-97.)
26 (20 ILCS 2310/55.87)
27 Sec. 55.87. 55.84. Advisory committee concerning
28 construction of facilities. The Director of Public Health
29 shall appoint an advisory committee which committee shall be
30 established by the Department by rule. The Director and the
31 Department shall consult with the advisory committee
32 concerning the application of building codes and Department
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1 rules related to those building codes to facilities under the
2 Ambulatory Surgical Treatment Center Act, the Nursing Home
3 Care Act, and the Hospital Licensing Act.
4 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
5 (20 ILCS 2310/55.88)
6 Sec. 55.88. 55.85. Facility construction training
7 program. The Department shall conduct, at least annually, a
8 joint in-service training program for architects, engineers,
9 interior designers, and other persons involved in the
10 construction of a facility under the Ambulatory Surgical
11 Treatment Center Act, the Nursing Home Care Act, or the
12 Hospital Licensing Act on problems and issues relating to the
13 construction of facilities under any of those Acts.
14 (Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
15 Section 31. The Domestic Abuse of Disabled Adults
16 Intervention Act is amended by changing Section 45 as
17 follows:
18 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
19 Sec. 45. Consent.
20 (a) If the Domestic Abuse Project has received a report
21 of alleged or suspected abuse, neglect, or exploitation with
22 regard to an adult disabled person who lacks the capacity to
23 consent to an assessment or to services, the Domestic Abuse
24 Project may seek, directly or through another agency, the
25 appointment of a temporary or permanent guardian as provided
26 in Article XIa of the Probate Act of 1975 or other relief as
27 provided under the Illinois Domestic Violence Act of 1986.
28 (b) A guardian of the person of an adult disabled person
29 who is abused, neglected, or exploited by another individual
30 in a domestic living situation may consent to an assessment
31 or to services being provided pursuant to the service plan.
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1 If the guardian is alleged to be the perpetrator of the
2 abuse, neglect, or exploitation, the Domestic Abuse Project
3 shall seek the appointment of a temporary guardian pursuant
4 to Section 213.3 231.3 of the Illinois Domestic Violence Act
5 of 1986. If a guardian withdraws his consent or refuses to
6 allow an assessment or services to be provided to the adult,
7 the Domestic Abuse Project may request an order of protection
8 under the Illinois Domestic Violence Act of 1986 seeking
9 appropriate remedies, and may in addition request removal of
10 the guardian and appointment of a successor guardian.
11 (c) For the purposes of this Section only, "lacks the
12 capacity to consent" shall mean that the adult disabled
13 person reasonably appears to be unable by reason of physical
14 or mental condition to receive and evaluate information
15 related to the assessment or services, or to communicate
16 decisions related to the assessment or services in the
17 manner in which the person communicates.
18 (Source: P.A. 87-658; revised 12-18-97.)
19 Section 32. The Civil Administrative Code of Illinois is
20 amended by changing Section 55a as follows:
21 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
22 Sec. 55a. Powers and duties.
23 (A) The Department of State Police shall have the
24 following powers and duties, and those set forth in Sections
25 55a-1 through 55c:
26 1. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the State
28 Police Act.
29 2. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the State
31 Police Radio Act.
32 3. To exercise the rights, powers and duties which have
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1 been vested in the Department of Public Safety by the
2 Criminal Identification Act.
3 4. To (a) investigate the origins, activities, personnel
4 and incidents of crime and the ways and means to redress the
5 victims of crimes, and study the impact, if any, of
6 legislation relative to the effusion of crime and growing
7 crime rates, and enforce the criminal laws of this State
8 related thereto, (b) enforce all laws regulating the
9 production, sale, prescribing, manufacturing, administering,
10 transporting, having in possession, dispensing, delivering,
11 distributing, or use of controlled substances and cannabis,
12 (c) employ skilled experts, scientists, technicians,
13 investigators or otherwise specially qualified persons to aid
14 in preventing or detecting crime, apprehending criminals, or
15 preparing and presenting evidence of violations of the
16 criminal laws of the State, (d) cooperate with the police of
17 cities, villages and incorporated towns, and with the police
18 officers of any county, in enforcing the laws of the State
19 and in making arrests and recovering property, (e) apprehend
20 and deliver up any person charged in this State or any other
21 State of the United States with treason, felony, or other
22 crime, who has fled from justice and is found in this State,
23 and (f) conduct such other investigations as may be provided
24 by law. Persons exercising these powers within the Department
25 are conservators of the peace and as such have all the powers
26 possessed by policemen in cities and sheriffs, except that
27 they may exercise such powers anywhere in the State in
28 cooperation with and after contact with the local law
29 enforcement officials. Such persons may use false or
30 fictitious names in the performance of their duties under
31 this paragraph, upon approval of the Director, and shall not
32 be subject to prosecution under the criminal laws for such
33 use.
34 5. To: (a) be a central repository and custodian of
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1 criminal statistics for the State, (b) be a central
2 repository for criminal history record information, (c)
3 procure and file for record such information as is necessary
4 and helpful to plan programs of crime prevention, law
5 enforcement and criminal justice, (d) procure and file for
6 record such copies of fingerprints, as may be required by
7 law, (e) establish general and field crime laboratories, (f)
8 register and file for record such information as may be
9 required by law for the issuance of firearm owner's
10 identification cards, (g) employ polygraph operators,
11 laboratory technicians and other specially qualified persons
12 to aid in the identification of criminal activity, and (h)
13 undertake such other identification, information, laboratory,
14 statistical or registration activities as may be required by
15 law.
16 6. To (a) acquire and operate one or more radio
17 broadcasting stations in the State to be used for police
18 purposes, (b) operate a statewide communications network to
19 gather and disseminate information for law enforcement
20 agencies, (c) operate an electronic data processing and
21 computer center for the storage and retrieval of data
22 pertaining to criminal activity, and (d) undertake such other
23 communication activities as may be required by law.
24 7. To provide, as may be required by law, assistance to
25 local law enforcement agencies through (a) training,
26 management and consultant services for local law enforcement
27 agencies, and (b) the pursuit of research and the publication
28 of studies pertaining to local law enforcement activities.
29 8. To exercise the rights, powers and duties which have
30 been vested in the Department of State Police and the
31 Director of the Department of State Police by the Narcotic
32 Control Division Abolition Act.
33 9. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the
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1 Illinois Vehicle Code.
2 10. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the Firearm
4 Owners Identification Card Act.
5 11. To enforce and administer such other laws in
6 relation to law enforcement as may be vested in the
7 Department.
8 12. To transfer jurisdiction of any realty title to
9 which is held by the State of Illinois under the control of
10 the Department to any other department of the State
11 government or to the State Employees Housing Commission, or
12 to acquire or accept Federal land, when such transfer,
13 acquisition or acceptance is advantageous to the State and is
14 approved in writing by the Governor.
15 13. With the written approval of the Governor, to enter
16 into agreements with other departments created by this Act,
17 for the furlough of inmates of the penitentiary to such other
18 departments for their use in research programs being
19 conducted by them.
20 For the purpose of participating in such research
21 projects, the Department may extend the limits of any
22 inmate's place of confinement, when there is reasonable cause
23 to believe that the inmate will honor his or her trust by
24 authorizing the inmate, under prescribed conditions, to leave
25 the confines of the place unaccompanied by a custodial agent
26 of the Department. The Department shall make rules governing
27 the transfer of the inmate to the requesting other department
28 having the approved research project, and the return of such
29 inmate to the unextended confines of the penitentiary. Such
30 transfer shall be made only with the consent of the inmate.
31 The willful failure of a prisoner to remain within the
32 extended limits of his or her confinement or to return within
33 the time or manner prescribed to the place of confinement
34 designated by the Department in granting such extension shall
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1 be deemed an escape from custody of the Department and
2 punishable as provided in Section 3-6-4 of the Unified Code
3 of Corrections.
4 14. To provide investigative services, with all of the
5 powers possessed by policemen in cities and sheriffs, in and
6 around all race tracks subject to the Horse Racing Act of
7 1975.
8 15. To expend such sums as the Director deems necessary
9 from Contractual Services appropriations for the Division of
10 Criminal Investigation for the purchase of evidence and for
11 the employment of persons to obtain evidence. Such sums shall
12 be advanced to agents authorized by the Director to expend
13 funds, on vouchers signed by the Director.
14 16. To assist victims and witnesses in gang crime
15 prosecutions through the administration of funds appropriated
16 from the Gang Violence Victims and Witnesses Fund to the
17 Department. Such funds shall be appropriated to the
18 Department and shall only be used to assist victims and
19 witnesses in gang crime prosecutions and such assistance may
20 include any of the following:
21 (a) temporary living costs;
22 (b) moving expenses;
23 (c) closing costs on the sale of private residence;
24 (d) first month's rent;
25 (e) security deposits;
26 (f) apartment location assistance;
27 (g) other expenses which the Department considers
28 appropriate; and
29 (h) compensation for any loss of or injury to real
30 or personal property resulting from a gang crime to a
31 maximum of $5,000, subject to the following provisions:
32 (1) in the case of loss of property, the
33 amount of compensation shall be measured by the
34 replacement cost of similar or like property which
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1 has been incurred by and which is substantiated by
2 the property owner,
3 (2) in the case of injury to property, the
4 amount of compensation shall be measured by the cost
5 of repair incurred and which can be substantiated by
6 the property owner,
7 (3) compensation under this provision is a
8 secondary source of compensation and shall be
9 reduced by any amount the property owner receives
10 from any other source as compensation for the loss
11 or injury, including, but not limited to, personal
12 insurance coverage,
13 (4) no compensation may be awarded if the
14 property owner was an offender or an accomplice of
15 the offender, or if the award would unjustly benefit
16 the offender or offenders, or an accomplice of the
17 offender or offenders.
18 No victim or witness may receive such assistance if he or
19 she is not a part of or fails to fully cooperate in the
20 prosecution of gang crime members by law enforcement
21 authorities.
22 The Department shall promulgate any rules necessary for
23 the implementation of this amendatory Act of 1985.
24 17. To conduct arson investigations.
25 18. To develop a separate statewide statistical police
26 contact record keeping system for the study of juvenile
27 delinquency. The records of this police contact system shall
28 be limited to statistical information. No individually
29 identifiable information shall be maintained in the police
30 contact statistical record system.
31 19. To develop a separate statewide central adjudicatory
32 and dispositional records system for persons under 19 years
33 of age who have been adjudicated delinquent minors and to
34 make information available to local registered participating
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1 police youth officers so that police youth officers will be
2 able to obtain rapid access to the juvenile's background from
3 other jurisdictions to the end that the police youth officers
4 can make appropriate dispositions which will best serve the
5 interest of the child and the community. Information
6 maintained in the adjudicatory and dispositional record
7 system shall be limited to the incidents or offenses for
8 which the minor was adjudicated delinquent by a court, and a
9 copy of the court's dispositional order. All individually
10 identifiable records in the adjudicatory and dispositional
11 records system shall be destroyed when the person reaches 19
12 years of age.
13 20. To develop rules which guarantee the confidentiality
14 of such individually identifiable adjudicatory and
15 dispositional records except when used for the following:
16 (a) by authorized juvenile court personnel or the
17 State's Attorney in connection with proceedings under the
18 Juvenile Court Act of 1987; or
19 (b) inquiries from registered police youth
20 officers.
21 For the purposes of this Act "police youth officer" means
22 a member of a duly organized State, county or municipal
23 police force who is assigned by his or her Superintendent,
24 Sheriff or chief of police, as the case may be, to specialize
25 in youth problems.
26 21. To develop administrative rules and administrative
27 hearing procedures which allow a minor, his or her attorney,
28 and his or her parents or guardian access to individually
29 identifiable adjudicatory and dispositional records for the
30 purpose of determining or challenging the accuracy of the
31 records. Final administrative decisions shall be subject to
32 the provisions of the Administrative Review Law.
33 22. To charge, collect, and receive fees or moneys
34 equivalent to the cost of providing Department of State
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1 Police personnel, equipment, and services to local
2 governmental agencies when explicitly requested by a local
3 governmental agency and pursuant to an intergovernmental
4 agreement as provided by this Section, other State agencies,
5 and federal agencies, including but not limited to fees or
6 moneys equivalent to the cost of providing dispatching
7 services, radio and radar repair, and training to local
8 governmental agencies on such terms and conditions as in the
9 judgment of the Director are in the best interest of the
10 State; and to establish, charge, collect and receive fees or
11 moneys based on the cost of providing responses to requests
12 for criminal history record information pursuant to positive
13 identification and any Illinois or federal law authorizing
14 access to some aspect of such information and to prescribe
15 the form and manner for requesting and furnishing such
16 information to the requestor on such terms and conditions as
17 in the judgment of the Director are in the best interest of
18 the State, provided fees for requesting and furnishing
19 criminal history record information may be waived for
20 requests in the due administration of the criminal laws. The
21 Department may also charge, collect and receive fees or
22 moneys equivalent to the cost of providing electronic data
23 processing lines or related telecommunication services to
24 local governments, but only when such services can be
25 provided by the Department at a cost less than that
26 experienced by said local governments through other means.
27 All services provided by the Department shall be conducted
28 pursuant to contracts in accordance with the
29 Intergovernmental Cooperation Act, and all telecommunication
30 services shall be provided pursuant to the provisions of
31 Section 67.18 of this Code.
32 All fees received by the Department of State Police under
33 this Act or the Illinois Uniform Conviction Information Act
34 shall be deposited in a special fund in the State Treasury to
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1 be known as the State Police Services Fund. The money
2 deposited in the State Police Services Fund shall be
3 appropriated to the Department of State Police for expenses
4 of the Department of State Police.
5 Upon the completion of any audit of the Department of
6 State Police as prescribed by the Illinois State Auditing
7 Act, which audit includes an audit of the State Police
8 Services Fund, the Department of State Police shall make the
9 audit open to inspection by any interested person.
10 23. To exercise the powers and perform the duties which
11 have been vested in the Department of State Police by the
12 Intergovernmental Missing Child Recovery Act of 1984, and to
13 establish reasonable rules and regulations necessitated
14 thereby.
15 24. (a) To establish and maintain a statewide Law
16 Enforcement Agencies Data System (LEADS) for the purpose of
17 providing electronic access by authorized entities to
18 criminal justice data repositories and effecting an immediate
19 law enforcement response to reports of missing persons,
20 including lost, missing or runaway minors. The Department
21 shall implement an automatic data exchange system to compile,
22 to maintain and to make available to other law enforcement
23 agencies for immediate dissemination data which can assist
24 appropriate agencies in recovering missing persons and
25 provide access by authorized entities to various data
26 repositories available through LEADS for criminal justice and
27 related purposes. To help assist the Department in this
28 effort, funds may be appropriated from the LEADS Maintenance
29 Fund.
30 (b) In exercising its duties under this subsection, the
31 Department shall:
32 (1) provide a uniform reporting format for the
33 entry of pertinent information regarding the report of a
34 missing person into LEADS;
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1 (2) develop and implement a policy whereby a
2 statewide or regional alert would be used in situations
3 relating to the disappearances of individuals, based on
4 criteria and in a format established by the Department.
5 Such a format shall include, but not be limited to, the
6 age of the missing person and the suspected circumstance
7 of the disappearance;
8 (3) notify all law enforcement agencies that
9 reports of missing persons shall be entered as soon as
10 the minimum level of data specified by the Department is
11 available to the reporting agency, and that no waiting
12 period for the entry of such data exists;
13 (4) compile and retain information regarding lost,
14 abducted, missing or runaway minors in a separate data
15 file, in a manner that allows such information to be used
16 by law enforcement and other agencies deemed appropriate
17 by the Director, for investigative purposes. Such
18 information shall include the disposition of all reported
19 lost, abducted, missing or runaway minor cases;
20 (5) compile and maintain an historic data
21 repository relating to lost, abducted, missing or runaway
22 minors and other missing persons in order to develop and
23 improve techniques utilized by law enforcement agencies
24 when responding to reports of missing persons; and
25 (6) create a quality control program regarding
26 confirmation of missing person data, timeliness of
27 entries of missing person reports into LEADS and
28 performance audits of all entering agencies.
29 25. On request of a school board or regional
30 superintendent of schools, to conduct an inquiry pursuant to
31 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
32 an applicant for employment in a school district has been
33 convicted of any criminal or drug offenses enumerated in
34 Section 10-21.9 or 34-18.5 of the School Code. The
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1 Department shall furnish such conviction information to the
2 President of the school board of the school district which
3 has requested the information, or if the information was
4 requested by the regional superintendent to that regional
5 superintendent.
6 26. To promulgate rules and regulations necessary for
7 the administration and enforcement of its powers and duties,
8 wherever granted and imposed, pursuant to the Illinois
9 Administrative Procedure Act.
10 27. To (a) promulgate rules pertaining to the
11 certification, revocation of certification and training of
12 law enforcement officers as electronic criminal surveillance
13 officers, (b) provide training and technical assistance to
14 State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications, (c) promulgate rules necessary for the
17 administration of Article 108B of the Code of Criminal
18 Procedure of 1963, including but not limited to standards for
19 recording and minimization of electronic criminal
20 surveillance intercepts, documentation required to be
21 maintained during an intercept, procedures in relation to
22 evidence developed by an intercept, and (d) charge a
23 reasonable fee to each law enforcement agency that sends
24 officers to receive training as electronic criminal
25 surveillance officers.
26 28. Upon the request of any private organization which
27 devotes a major portion of its time to the provision of
28 recreational, social, educational or child safety services to
29 children, to conduct, pursuant to positive identification,
30 criminal background investigations of all of that
31 organization's current employees, current volunteers,
32 prospective employees or prospective volunteers charged with
33 the care and custody of children during the provision of the
34 organization's services, and to report to the requesting
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1 organization any record of convictions maintained in the
2 Department's files about such persons. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection. Information received by the organization from the
9 Department concerning an individual shall be provided to such
10 individual. Any such information obtained by the
11 organization shall be confidential and may not be transmitted
12 outside the organization and may not be transmitted to anyone
13 within the organization except as needed for the purpose of
14 evaluating the individual. Only information and standards
15 which bear a reasonable and rational relation to the
16 performance of child care shall be used by the organization.
17 Any employee of the Department or any member, employee or
18 volunteer of the organization receiving confidential
19 information under this subsection who gives or causes to be
20 given any confidential information concerning any criminal
21 convictions of an individual shall be guilty of a Class A
22 misdemeanor unless release of such information is authorized
23 by this subsection.
24 29. Upon the request of the Department of Children and
25 Family Services, to investigate reports of child abuse or
26 neglect.
27 30. To obtain registration of a fictitious vital record
28 pursuant to Section 15.1 of the Vital Records Act.
29 31. To collect and disseminate information relating to
30 "hate crimes" as defined under Section 12-7.1 of the Criminal
31 Code of 1961 contingent upon the availability of State or
32 Federal funds to revise and upgrade the Illinois Uniform
33 Crime Reporting System. All law enforcement agencies shall
34 report monthly to the Department of State Police concerning
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1 such offenses in such form and in such manner as may be
2 prescribed by rules and regulations adopted by the Department
3 of State Police. Such information shall be compiled by the
4 Department and be disseminated upon request to any local law
5 enforcement agency, unit of local government, or state
6 agency. Dissemination of such information shall be subject
7 to all confidentiality requirements otherwise imposed by law.
8 The Department of State Police shall provide training for
9 State Police officers in identifying, responding to, and
10 reporting all hate crimes. The Illinois Local Governmental
11 Law Enforcement Officer's Training Board shall develop and
12 certify a course of such training to be made available to
13 local law enforcement officers.
14 32. Upon the request of a private carrier company that
15 provides transportation under Section 28b of the Metropolitan
16 Transit Authority Act, to ascertain if an applicant for a
17 driver position has been convicted of any criminal or drug
18 offense enumerated in Section 28b of the Metropolitan Transit
19 Authority Act. The Department shall furnish the conviction
20 information to the private carrier company that requested the
21 information.
22 33. To apply for grants or contracts, receive, expend,
23 allocate, or disburse funds and moneys made available by
24 public or private entities, including, but not limited to,
25 contracts, bequests, grants, or receiving equipment from
26 corporations, foundations, or public or private institutions
27 of higher learning. All funds received by the Department
28 from these sources shall be deposited into the appropriate
29 fund in the State Treasury to be appropriated to the
30 Department for purposes as indicated by the grantor or
31 contractor or, in the case of funds or moneys bequeathed or
32 granted for no specific purpose, for any purpose as deemed
33 appropriate by the Director in administering the
34 responsibilities of the Department.
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1 34. Upon the request of the Department of Children and
2 Family Services, the Department of State Police shall provide
3 properly designated employees of the Department of Children
4 and Family Services with criminal history record information
5 as defined in the Illinois Uniform Conviction Information Act
6 and information maintained in the adjudicatory and
7 dispositional record system as defined in subdivision (A)19
8 of this Section if the Department of Children and Family
9 Services determines the information is necessary to perform
10 its duties under the Abused and Neglected Child Reporting
11 Act, the Child Care Act of 1969, and the Children and Family
12 Services Act. The request shall be in the form and manner
13 specified by the Department of State Police.
14 35. The Illinois Department of Public Aid is an
15 authorized entity under this Section for the purpose of
16 obtaining access to various data repositories available
17 through LEADS, to facilitate the location of individuals for
18 establishing paternity, and establishing, modifying, and
19 enforcing child support obligations, pursuant to the Illinois
20 Public Aid Code and Title IV, Part D of the Social Security
21 Act. The Department shall enter into an agreement with the
22 Illinois Department of Public Aid consistent with these
23 purposes.
24 (B) The Department of State Police may establish and
25 maintain, within the Department of State Police, a Statewide
26 Organized Criminal Gang Database (SWORD) for the purpose of
27 tracking organized criminal gangs and their memberships.
28 Information in the database may include, but not be limited
29 to, the name, last known address, birth date, physical
30 descriptions (such as scars, marks, or tattoos), officer
31 safety information, organized gang affiliation, and entering
32 agency identifier. The Department may develop, in
33 consultation with the Criminal Justice Information Authority,
34 and in a form and manner prescribed by the Department, an
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1 automated data exchange system to compile, to maintain, and
2 to make this information electronically available to
3 prosecutors and to other law enforcement agencies. The
4 information may be used by authorized agencies to combat the
5 operations of organized criminal gangs statewide.
6 (C) The Department of State Police may ascertain the
7 number of bilingual police officers and other personnel
8 needed to provide services in a language other than English
9 and may establish, under applicable personnel rules and
10 Department guidelines or through a collective bargaining
11 agreement, a bilingual pay supplement program.
12 35. The Illinois Department of Public Aid is an
13 authorized entity under this Section for the purpose of
14 obtaining access to various data repositories available
15 through LEADS, to facilitate the location of individuals for
16 establishing paternity, and establishing, modifying, and
17 enforcing child support obligations, pursuant to the Public
18 Aid Code and Title IV, Section D of the Social Security Act.
19 The Department shall enter into an agreement with the
20 Illinois Department of Public Aid consistent with these
21 purposes.
22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
23 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
24 Section 33. The Department of Veterans Affairs Act is
25 amended by changing Section 2 as follows:
26 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
27 Sec. 2. Powers and duties. The Department shall have
28 the following powers and duties:
29 To perform such acts at the request of any veteran, or
30 his or her spouse, surviving spouse or dependents as shall be
31 reasonably necessary or reasonably incident to obtaining or
32 endeavoring to obtain for the requester any advantage,
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1 benefit or emolument accruing or due to such person under any
2 law of the United States, the State of Illinois or any other
3 state or governmental agency by reason of the service of such
4 veteran, and in pursuance thereof shall:
5 1. Contact veterans, their survivors and dependents
6 and advise them of the benefits of state and federal laws
7 and assist them in obtaining such benefits;
8 2. Establish field offices and direct the
9 activities of the personnel assigned to such offices;
10 3. Create a volunteer field force of accredited
11 representatives, representing educational institutions,
12 labor organizations, veterans organizations, employers,
13 churches, and farm organizations;
14 4. Conduct informational and training services;
15 5. Conduct educational programs through newspapers,
16 periodicals and radio for the specific purpose of
17 disseminating information affecting veterans and their
18 dependents;
19 6. Coordinate the services and activities of all
20 state departments having services and resources affecting
21 veterans and their dependents;
22 7. Encourage and assist in the coordination of
23 agencies within counties giving service to veterans and
24 their dependents;
25 8. Cooperate with veterans organizations and other
26 governmental agencies;
27 9. Make, alter, amend and promulgate reasonable
28 rules and procedures for the administration of this Act;
29 and
30 10. Make and publish annual reports to the Governor
31 regarding the administration and general operation of the
32 Department.
33 11. Encourage the State to implement more programs
34 to address the wide range of issues faced by Persian Gulf
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1 War Veterans, especially those who took part in combat,
2 by creating an official commission to further study
3 Persian Gulf War Diseases. The commission shall consist
4 of 9 members appointed as follows: the Speaker and
5 Minority Leader of the House of Representatives and the
6 President and Minority Leader of the Senate shall each
7 appoint one member from the General Assembly, the
8 Governor shall appoint 4 members to represent veterans'
9 organizations, and the Department shall appoint one
10 member. The commission members shall serve without
11 compensation.
12 The Department may accept and hold on behalf of the
13 State, if for the public interest, a grant, gift, devise or
14 bequest of money or property to the Department made for the
15 general benefit of Illinois veterans, including the conduct
16 of informational and training services by the Department and
17 other authorized purposes of the Department. The Department
18 shall cause each grant, gift, devise or bequest to be kept as
19 a distinct fund and shall invest such funds in the manner
20 provided by the Public Funds Investment Act, as now or
21 hereafter amended, and shall make such reports as may be
22 required by the Comptroller concerning what funds are so held
23 and the manner in which such funds are invested. The
24 Department may make grants from these funds for the general
25 benefit of Illinois veterans. Grants from these funds,
26 except for the funds established under Sections 2.01a and
27 2.03, shall be subject to appropriation.
28 (Source: P.A. 90-142, eff. 1-1-98; 90-168, eff. 7-23-97;
29 revised 11-13-97.)
30 Section 34. The Capital Development Board Act is amended
31 by changing Section 14 as follows:
32 (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
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1 Sec. 14. (a) It is the purpose of this Act to provide
2 for the promotion and preservation of the arts by securing
3 suitable works of art for the adornment of public buildings
4 constructed or subjected to major renovation by the State or
5 which utilize State funds, and thereby reflecting our
6 cultural heritage, with emphasis on the works of Illinois
7 artists.
8 (b) As used in this Act: "Works of art" shall apply to
9 and include paintings, prints, sculptures, graphics, mural
10 decorations, stained glass, statues statutes, bas reliefs,
11 ornaments, fountains, ornamental gateways, or other creative
12 works which reflect form, beauty and aesthetic perceptions.
13 (c) Beginning with the fiscal year ending June 30, 1979,
14 and for each succeeding fiscal year thereafter, the Capital
15 Development Board shall set aside 1/2 of 1 percent of the
16 amount authorized and appropriated for construction or
17 reconstruction of each public building financed in whole or
18 in part by State funds and generally accessible to and used
19 by the public for purchase and placement of suitable works of
20 art in such public buildings. The location and character of
21 the work or works of art to be installed in such public
22 buildings shall be determined by the designing architect,
23 provided, however, that the work or works of art shall be in
24 a permanent and prominent location.
25 (d) There is created a Fine Arts Review Committee
26 consisting of the designing architect, the Chairman of the
27 Illinois Arts Council or his designee, the Director of the
28 Illinois State Museum or his designee, and three persons from
29 the area in which the project is to be located who are
30 familiar with the local area and are knowledgeable in matters
31 of art. Of the three local members, two shall be selected by
32 the County Board to the County in which the project is
33 located and one shall be selected by the Mayor or other chief
34 executive officer of the municipality in which the project is
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1 located. The Committee, after such study as it deems
2 necessary, shall recommend three artists or works of art in
3 order of preference, to the Capital Development Board. The
4 Board will make the final selection from among the
5 recommendations submitted to it.
6 (e) There is created a Public Arts Advisory Committee
7 whose function is to advise the Capital Development Board and
8 the Fine Arts Review Committee on various technical and
9 aesthetic perceptions that may be utilized in the creation or
10 major renovation of public buildings. The Public Arts
11 Advisory Committee shall consist of 12 members who shall
12 serve for terms of 2 years ending on June 30 of odd numbered
13 years, except the first appointees to the Committee shall
14 serve for a term ending June 30, 1979. The Public Arts
15 Advisory Committee shall meet four times each fiscal year.
16 Four members shall be appointed by the Governor; four shall
17 be chosen by the Senate, two of whom shall be chosen by the
18 President, two by the minority leader; and four shall be
19 appointed by the House of Representatives, two of whom shall
20 be chosen by the Speaker and two by the minority leader.
21 There shall also be a Chairman who shall be chosen from the
22 committee members by the majority vote of that Committee.
23 (f) All necessary expenses of the Public Arts Advisory
24 Committee and the Fine Arts Review Committee shall be paid by
25 the Capital Development Board.
26 (Source: P.A. 80-241; revised 12-18-97.)
27 Section 35. The Illinois Health Facilities Authority Act
28 is amended by changing Section 17 as follows:
29 (20 ILCS 3705/17) (from Ch. 111 1/2, par. 1117)
30 Sec. 17. Refunding bonds.
31 (a) The Authority is authorized to provide for the
32 issuance of bonds of the Authority for the purpose of
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1 refunding any bonds of the Authority then outstanding,
2 including the payment of any redemption premium thereon and
3 any interest accrued or to accrue to the earliest or any
4 subsequent date of redemption, purchase or maturity of os
5 such bonds, and, if deemed advisable by the Authority, for
6 the additional purpose of paying all or any part of the cost
7 of construction and acquiring additions, improvements,
8 extensions or enlargements of a project or any portion
9 thereof, or any health facilities of which it is a part;,
10 provided, however, that no such bonds shall be issued unless
11 the Authority shall have first entered into a new or amended
12 lease with, or shall have received a new or amended
13 agreement, note not, mortgage or other security from or on
14 behalf of, a participating health institution, which shall
15 provide for the payment of revenues adequate to satisfy the
16 requirements of Section 14 of this Act.
17 (b) The proceeds of any such bonds issued for the
18 purpose of refunding outstanding bonds, in the discretion of
19 the Authority, may be applied to the purchase or retirement
20 at maturity or redemption of such outstanding bonds either on
21 their earliest or any subsequent redemption date or upon the
22 purchase or at the maturity thereof, may be applied to pay
23 interest or principal on such refunding bonds or outstanding
24 bonds pending application to such purchase, retirement or
25 redemption or if no such application is made and may, pending
26 such application, be placed in escrow to be applied to such
27 purchase or retirement at maturity or redemption on such date
28 as may be determined by the Authority.
29 (c) Any such escrowed proceeds, pending such use, may be
30 invested and reinvested in direct obligations of, or
31 obligations, the principal and interest of which are
32 guaranteed by, the United States of America, in evidences of
33 a direct ownership interest in amounts payable upon any of
34 the foregoing obligations, in obligations issued or
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1 guaranteed by any agency or instrumentality of the United
2 States of America, in certificates of deposit of, and time
3 deposits in, any bank as defined by the Illinois Banking Act,
4 as now or hereafter amended, which certificates and deposits
5 are insured by the Federal Deposit Insurance Corporation,
6 Federal Savings and Loan Insurance Corporation or similar
7 federal agency, if then in existence, or in such obligations
8 or investments as are provided in or permitted by a trust
9 agreement, trust indenture, indenture of mortgage or deed of
10 trust or other agreement to which the Authority is a party
11 and pursuant to which the outstanding bonds to be so refunded
12 were issued or secured, maturing at such time or times as
13 shall be appropriate to assure the prompt payment of the
14 principal of and interest and redemption premium, if any, on
15 the outstanding bonds to be so refunded or the bonds issued
16 to effect such refunding, as the case may be, or of the
17 purchase price thereof. The interest, income and profits, if
18 any, earned or realized on any such investment may also be
19 applied to such payment or purchase. Only after the terms of
20 the escrow have been fully satisfied and carried out, any
21 balance of such proceeds and interest, income and profits, if
22 any, earned or realized on the investments thereof shall be
23 returned to the participating health institution for use by
24 it in any lawful manner.
25 (d) All such bonds shall be subject to this Act in the
26 same manner and to the same extent as other bonds issued
27 pursuant to this Act.
28 (Source: P.A. 85-1173; revised 7-21-97.)
29 Section 36. The Correctional Budget and Impact Note Act
30 is amended by changing Section 5 as follows:
31 (25 ILCS 70/5) (from Ch. 63, par. 42.85)
32 Sec. 5. The note shall be factual in nature, as brief
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1 and concise as may be, and shall provide as reliable an
2 estimate, in terms of population and dollar impact, as is
3 possible under the circumstances. The note shall include
4 both the immediate effect, and if determinable or reasonably
5 foreseeable forseeable, the long-range effect of the measure.
6 If, after careful investigation, it is determined that no
7 population or dollar estimate is possible, the note shall
8 contain a statement to that effect, setting forth the reasons
9 why no such estimate can be given. A brief summary or work
10 sheet of computations used in arriving at the Budget and
11 Impact Note figures shall be supplied.
12 (Source: P.A. 83-1031; revised 7-21-97.)
13 Section 37. The State Finance Act is amended by setting
14 forth and renumbering multiple versions of Sections 5.449,
15 5.450, and 5.451 and changing Section 8.25 as follows:
16 (30 ILCS 105/5.449)
17 Sec. 5.449. The Department of Corrections Education
18 Fund.
19 (Source: P.A. 90-9, eff. 7-1-97.)
20 (30 ILCS 105/5.450)
21 Sec. 5.450. The Department of Corrections Reimbursement
22 Fund.
23 (Source: P.A. 90-9, eff. 7-1-97.)
24 (30 ILCS 105/5.451)
25 Sec. 5.451. The State Asset Forfeiture Fund.
26 (Source: P.A. 90-9, eff. 7-1-97.)
27 (30 ILCS 105/5.453)
28 Sec. 5.453. 5.449. The Grape and Wine Resources Fund.
29 (Source: P.A. 90-77, eff. 7-8-97; revised 11-21-97.)
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1 (30 ILCS 105/5.454)
2 Sec. 5.454. 5.449. The Industrial Commission Operations
3 Fund.
4 (Source: P.A. 90-109, eff. 1-1-98; revised 11-21-97.)
5 (30 ILCS 105/5.455)
6 Sec. 5.455. 5.449. The Brownfields Redevelopment Fund.
7 (Source: P.A. 90-123, eff. 7-21-97; revised 11-21-97.)
8 (30 ILCS 105/5.456)
9 Sec. 5.456. 5.449. The LEADS Maintenance Fund.
10 (Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
11 (30 ILCS 105/5.457)
12 Sec. 5.457. 5.450. The State Offender DNA Identification
13 System Fund.
14 (Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
15 (30 ILCS 105/5.458)
16 Sec. 5.458. 5.449. The Sex Offender Management Board
17 Fund.
18 (Source: P.A. 90-133, eff. 7-22-97; revised 11-21-97.)
19 (30 ILCS 105/5.459)
20 Sec. 5.459. 5.449. The Mental Health Research Fund.
21 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
22 (30 ILCS 105/5.460)
23 Sec. 5.460. 5.450. The Children's Cancer Fund.
24 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
25 (30 ILCS 105/5.461)
26 Sec. 5.461. 5.451. The American Diabetes Association
27 Fund.
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1 (Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
2 (30 ILCS 105/5.462)
3 Sec. 5.462. 5.449. The Sex Offender Registration Fund.
4 (Source: P.A. 90-193, eff. 7-24-97; revised 11-21-97.)
5 (30 ILCS 105/5.463)
6 Sec. 5.463. 5.449. The Domestic Violence Abuser Services
7 Fund.
8 (Source: P.A. 90-241, eff. 1-1-98; revised 11-21-97.)
9 (30 ILCS 105/5.464)
10 Sec. 5.464. 5.449. Police Training Board Services Fund.
11 (Source: P.A. 90-259, eff. 7-30-97; revised 11-21-97.)
12 (30 ILCS 105/5.465)
13 Sec. 5.465. 5.449. The Off-Highway Vehicle Trails Fund.
14 (Source: P.A. 90-287, eff. 1-1-98; revised 11-21-97.)
15 (30 ILCS 105/5.466)
16 Sec. 5.466. 5.449. The Health Facility Plan Review Fund.
17 (Source: P.A. 90-327, eff. 8-8-97; revised 11-21-97.)
18 (30 ILCS 105/5.467)
19 Sec. 5.467. 5.449. The Elderly Victim Fund.
20 (Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
21 (30 ILCS 105/5.468)
22 Sec. 5.468. 5.450. The Attorney General Court Ordered
23 and Voluntary Compliance Payment Projects Fund.
24 (Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
25 (30 ILCS 105/5.469)
26 Sec. 5.469. 5.449. The School Technology Revolving Fund.
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1 (Source: P.A. 90-463, eff. 8-17-97; revised 11-21-97.)
2 (30 ILCS 105/5.470)
3 Sec. 5.470. 5.449. The Temporary Relocation Expenses
4 Revolving Grant Fund.
5 (Source: P.A. 90-464, eff. 8-17-97; revised 11-21-97.)
6 (30 ILCS 105/5.471)
7 Sec. 5.471. 5.449. The Pawnbroker Regulation Fund.
8 (Source: P.A. 90-477, eff. 7-1-98; revised 11-21-97.)
9 (30 ILCS 105/5.472)
10 Sec. 5.472. 5.448. The Drycleaner Environmental Response
11 Trust Fund.
12 (Source: P.A. 90-502, eff. 8-19-97; revised 11-21-97.)
13 (30 ILCS 105/5.473)
14 Sec. 5.473. 5.449. The Illinois and Michigan Canal Fund.
15 (Source: P.A. 90-527, eff. 11-13-97; revised 11-21-97.)
16 (30 ILCS 105/5.474)
17 Sec. 5.474. 5.449. The Do-It-Yourself School Funding
18 Fund.
19 (Source: P.A. 90-553, eff. 6-1-98; revised 11-21-97.)
20 (30 ILCS 105/5.475)
21 Sec. 5.475. 5.449. The Renewable Energy Resources Trust
22 Fund.
23 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
24 (30 ILCS 105/5.476)
25 Sec. 5.476. 5.450. The Energy Efficiency Trust Fund.
26 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
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1 (30 ILCS 105/5.477)
2 Sec. 5.477. 5.451. The Supplemental Low-Income Energy
3 Assistance Fund.
4 (Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
5 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
6 Sec. 8.25. Build Illinois Fund; uses.
7 (A) All moneys in the Build Illinois Fund shall be
8 transferred, appropriated, and used only for the purposes
9 authorized by and subject to the limitations and conditions
10 prescribed by this Section. There are established the
11 following accounts in the Build Illinois Fund: the McCormick
12 Place Account, the Build Illinois Bond Account, the Build
13 Illinois Purposes Account, the Park and Conservation Fund
14 Account, and the Tourism Advertising and Promotion Account.
15 Amounts deposited into the Build Illinois Fund consisting of
16 1.55% before July 1, 1986, and 1.75% on and after July 1,
17 1986, of moneys received by the Department of Revenue under
18 Section 9 of the Use Tax Act, Section 9 of the Service Use
19 Tax Act, Section 9 of the Service Occupation Tax Act, and
20 Section 3 of the Retailers' Occupation Tax Act, and all
21 amounts deposited therein under Section 28 of the Illinois
22 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
23 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
24 Operators' Occupation Tax Act, shall be credited initially to
25 the McCormick Place Account and all other amounts deposited
26 into the Build Illinois Fund shall be credited initially to
27 the Build Illinois Bond Account. Of the amounts initially so
28 credited to the McCormick Place Account in each month, the
29 amount that is to be transferred in that month to the
30 Metropolitan Fair and Exposition Authority Improvement Bond
31 Fund, as provided below, shall remain credited to the
32 McCormick Place Account, and all amounts initially so
33 credited in that month in excess thereof shall next be
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1 credited to the Build Illinois Bond Account. Of the amounts
2 credited to the Build Illinois Bond Account in each month,
3 the amount that is to be transferred in that month to the
4 Build Illinois Bond Retirement and Interest Fund, as provided
5 below, shall remain credited to the Build Illinois Bond
6 Account, and all amounts so credited in each month in excess
7 thereof shall next be credited monthly to the other accounts
8 in the following order of priority: first, to the Build
9 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
10 year 1986, 1/9, of the fiscal year amounts authorized to be
11 transferred to the Build Illinois Purposes Fund as provided
12 below plus (b) any cumulative deficiency in those transfers
13 for prior months; second, 1/12 of $10,000,000, plus any
14 cumulative deficiency in those transfers for prior months, to
15 the Park and Conservation Fund Account; and third, to the
16 General Revenue Fund in the State Treasury all amounts that
17 remain in the Build Illinois Fund on the last day of each
18 month and are not credited to any account in that Fund.
19 Transfers from the McCormick Place Account in the Build
20 Illinois Fund shall be made as follows:
21 Beginning with fiscal year 1985 and continuing for each
22 fiscal year thereafter, the Metropolitan Pier and Exposition
23 Authority shall annually certify to the State Comptroller and
24 State Treasurer the amount necessary and required during the
25 fiscal year with respect to which the certification is made
26 to pay the debt service requirements (including amounts to be
27 paid with respect to arrangements to provide additional
28 security or liquidity) on all outstanding bonds and notes,
29 including refunding bonds (herein collectively referred to as
30 bonds) of issues in the aggregate amount (excluding the
31 amount of any refunding bonds issued by that Authority after
32 January 1, 1986) of not more than $312,500,000 issued after
33 July 1, 1984, by that Authority for the purposes specified in
34 Sections 10.1 and 13.1 of the Metropolitan Pier and
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1 Exposition Authority Act. In each month of the fiscal year
2 in which there are bonds outstanding with respect to which
3 the annual certification is made, the Comptroller shall order
4 transferred and the Treasurer shall transfer from the
5 McCormick Place Account in the Build Illinois Fund to the
6 Metropolitan Fair and Exposition Authority Improvement Bond
7 Fund an amount equal to 150% of the certified amount for that
8 fiscal year divided by the number of months during that
9 fiscal year in which bonds of the Authority are outstanding,
10 plus any cumulative deficiency in those transfers for prior
11 months; provided, that the maximum amount that may be so
12 transferred in fiscal year 1985 shall not exceed $15,000,000
13 or a lesser sum as is actually necessary and required to pay
14 the debt service requirements for that fiscal year after
15 giving effect to net operating revenues of that Authority
16 available for that purpose as certified by that Authority,
17 and provided further that the maximum amount that may be so
18 transferred in fiscal year 1986 shall not exceed $30,000,000
19 and in each fiscal year thereafter shall not exceed
20 $33,500,000 in any fiscal year or a lesser sum as is actually
21 necessary and required to pay the debt service requirements
22 for that fiscal year after giving effect to net operating
23 revenues of that Authority available for that purpose as
24 certified by that Authority.
25 When an amount equal to 100% of the aggregate amount of
26 principal and interest in each fiscal year with respect to
27 bonds issued after July 1, 1984, that by their terms are
28 payable from the Metropolitan Fair and Exposition Authority
29 Improvement Bond Fund, including under sinking fund
30 requirements, has been so paid and deficiencies in reserves
31 established from bond proceeds shall have been remedied, and
32 at the time that those amounts have been transferred to the
33 Authority as provided in Section 13.1 of the Metropolitan
34 Pier and Exposition Authority Act, the remaining moneys, if
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1 any, deposited and to be deposited during each fiscal year to
2 the Metropolitan Fair and Exposition Authority Improvement
3 Bond Fund shall be transferred to the Metropolitan Fair and
4 Exposition Authority Completion Note Subordinate Fund.
5 Transfers from the Build Illinois Bond Account in the
6 Build Illinois Fund shall be made as follows:
7 Beginning with fiscal year 1986 and continuing for each
8 fiscal year thereafter so long as limited obligation bonds of
9 the State issued under the Build Illinois Bond Act remain
10 outstanding, the Comptroller shall order transferred and the
11 Treasurer shall transfer in each month, commencing in
12 October, 1985, on the last day of that month, from the Build
13 Illinois Bond Account to the Build Illinois Bond Retirement
14 and Interest Fund in the State Treasury the amount required
15 to be so transferred in that month under Section 13 of the
16 Build Illinois Bond Act.
17 Transfers from the remaining accounts in the Build
18 Illinois Fund shall be made in the following amounts and in
19 the following order of priority:
20 Beginning with fiscal year 1986 and continuing each
21 fiscal year thereafter, as soon as practicable after the
22 first day of each month, commencing in October, 1985, the
23 Comptroller shall order transferred and the Treasurer shall
24 transfer from the Build Illinois Purposes Account in the
25 Build Illinois Fund to the Build Illinois Purposes Fund
26 1/12th (or in the case of fiscal year 1986 1/9) of the
27 amounts specified below for the following fiscal years:
28 Fiscal Year Amount
29 1986 $35,000,000
30 1987 $45,000,000
31 1988 $50,000,000
32 1989 $55,000,000
33 1990 $55,000,000
34 1991 $50,000,000
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1 1992 $16,200,000
2 1993 $16,200,000,
3 plus any cumulative deficiency in those transfers for prior
4 months.
5 As soon as may be practicable after the first day of each
6 month beginning after July 1, 1984, the Comptroller shall
7 order transferred and the Treasurer shall transfer from the
8 Park and Conservation Fund Account in the Build Illinois Fund
9 to the Park and Conservation Fund 1/12 of $10,000,000, plus
10 any cumulative deficiency in those transfers for prior
11 months, for conservation and park purposes as enumerated in
12 Section 63a36 of the Civil Administrative Code of Illinois,
13 and to pay the debt service requirements on all outstanding
14 bonds of an issue in the aggregate amount of not more than
15 $40,000,000 issued after January 1, 1985, by the State of
16 Illinois for the purposes specified in Section 3(c) of the
17 Capital Development Bond Act of 1972, or for the same
18 purposes as specified in any other State general obligation
19 bond Act enacted after November 1, 1984. Transfers from the
20 Park and Conservation Fund to the Capital Development Bond
21 Retirement and Interest Fund to pay those debt service
22 requirements shall be made in accordance with Section 8.25b
23 of this Act.
24 All funds remaining in the Build Illinois Fund on the
25 last day of any month and not credited to any account in that
26 Fund shall be transferred by the State Treasurer to the
27 General Revenue Fund.
28 (B) For the purpose of this Section, "cumulative
29 deficiency" shall include all deficiencies in those transfers
30 that have occurred since July 1, 1984, as specified in
31 subsection (A) of this Section.
32 (C) In addition to any other permitted use of moneys in
33 the Fund, and notwithstanding any restriction on the use of
34 the Fund, moneys in the Park and Conservation Fund may be
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1 transferred to the General Revenue Fund as authorized by
2 Public Act 87-14. The General Assembly finds that an excess
3 of moneys existed in the Fund on July 30, 1991, and the
4 Governor's order of July 30, 1991, requesting the Comptroller
5 and Treasurer to transfer an amount from the Fund to the
6 General Revenue Fund is hereby validated.
7 (D) (Blank).
8 (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
9 revised 11-18-97.)
10 Section 38. The State Officers and Employees Money
11 Disposition Act is amended by changing Section 2 as follows:
12 (30 ILCS 230/2) (from Ch. 127, par. 171)
13 Sec. 2. Accounts of money received; payment into State
14 treasury.
15 (a) Every officer, board, commission, commissioner,
16 department, institution, arm or agency brought within the
17 provisions of this Act by Section 1 hereof shall keep in
18 proper books a detailed itemized account of all moneys
19 received for or on behalf of the State, showing the date of
20 receipt, the payor, and purpose and amount, and the date and
21 manner of disbursement as hereinafter provided, and, unless a
22 different time of payment is expressly provided by law or by
23 rules or regulations promulgated under subsection (b) of this
24 Section, shall pay into the State treasury the gross amount
25 of money so received on the day of actual physical receipt
26 with respect to any single item of receipt exceeding $10,000,
27 within 24 hours of actual physical receipt with respect to an
28 accumulation of receipts of $10,000 or more, or within 48
29 hours of actual physical receipt with respect to an
30 accumulation of receipts exceeding $500 but less than
31 $10,000, disregarding holidays, Saturdays and Sundays, after
32 the receipt of same, without any deduction on account of
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1 salaries, fees, costs, charges, expenses or claims of any
2 description whatever; provided that:
3 (1) the provisions of (i) Section 39b32 of the
4 Civil Administrative Code of Illinois, (ii) approved
5 March 7, 1917, as amended, and the provisions of any
6 specific taxing statute authorizing a claim for credit
7 procedure instead of the actual making of refunds, (iii)
8 and the provisions of Section 505 of the "The Illinois
9 Controlled Substances Act", approved August 16, 1971, as
10 amended, authorizing the Director of State Police to
11 dispose of forfeited property, which includes the sale
12 and disposition of the proceeds of the sale of forfeited
13 property, and the Department of Central Management
14 Services to be reimbursed for costs incurred with the
15 sales of forfeited vehicles, boats or aircraft and to pay
16 to bona fide or innocent purchasers, conditional sales
17 vendors or mortgagees of such vehicles, boats or aircraft
18 their interest in such vehicles, boats or aircraft, and
19 (iv) the provisions of Section 6b-2 of the An Act in
20 relation to State Finance Act, approved June 10, 1919, as
21 amended, establishing procedures for handling cash
22 receipts from the sale of pari-mutuel wagering tickets,
23 shall not be deemed to be in conflict with the
24 requirements of this Section;
25 (2) provided, further that any fees received by the
26 State Registrar of Vital Records pursuant to the Vital
27 Records Act which are insufficient in amount may be
28 returned by the Registrar as provided in that Act;
29 (3) provided, further that any fees received by the
30 Department of Public Health under the Food Handling
31 Regulation Enforcement Act that are submitted for renewal
32 of an expired food service sanitation manager certificate
33 may be returned by the Director as provided in that Act;
34 and
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1 (4) provided, further that if the amount of money
2 received does not exceed $500, such money may be retained
3 and need not be paid into the State treasury until the
4 total amount of money so received exceeds $500, or until
5 the next succeeding 1st or 15th day of each month (or
6 until the next business day if these days fall on Sunday
7 or a holiday), whichever is earlier, at which earlier
8 time such money shall be paid into the State treasury,
9 except that if a local bank or savings and loan
10 association account has been authorized by law, any
11 balances shall be paid into the State treasury on Monday
12 of each week if more than $500 is to be deposited in any
13 fund.
14 Single items of receipt exceeding $10,000 received after
15 2 p.m. on a working day may be deemed to have been received
16 on the next working day for purposes of fulfilling the
17 requirement that the item be deposited on the day of actual
18 physical receipt.
19 No money belonging to or left for the use of the State
20 shall be expended or applied except in consequence of an
21 appropriation made by law and upon the warrant of the State
22 Comptroller. However, payments made by the Comptroller to
23 persons by direct deposit need not be made upon the warrant
24 of the Comptroller, but if not made upon a warrant, shall be
25 made in accordance with Section 9.02 of the "State
26 Comptroller Act". All moneys so paid into the State treasury
27 shall, unless required by some statute to be held in the
28 State treasury in a separate or special fund, be covered into
29 the General Revenue Fund in into the State treasury. Moneys
30 received in the form of checks, drafts or similar instruments
31 shall be properly endorsed, if necessary, and delivered to
32 the State Treasurer for collection. The State Treasurer
33 shall remit such collected funds to the depositing officer,
34 board, commission, commissioner, department, institution, arm
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1 or agency by Treasurers Draft or through electronic funds
2 transfer. The Said draft or notification of the electronic
3 funds transfer shall be provided to the State Comptroller to
4 allow deposit into the appropriate fund.
5 (b) Different time periods for the payment of public
6 funds into the State treasury or to the State Treasurer, in
7 excess of the periods established in subsection (a) of this
8 Section, but not in excess of 30 days after receipt of such
9 funds, may be established and revised from time to time by
10 rules or regulations promulgated jointly by the State
11 Treasurer and the State Comptroller in accordance with the
12 "The Illinois Administrative Procedure Act", approved
13 September 22, 1975, as amended. The different time periods
14 established by rule or regulation under this subsection may
15 vary according to the nature and amounts of the funds
16 received, the locations at which the funds are received,
17 whether compliance with the deposit requirements specified in
18 subsection (a) of this Section would be cost effective, and
19 such other circumstances and conditions as the promulgating
20 authorities consider to be appropriate. The Treasurer and
21 the Comptroller shall review all such different time periods
22 established pursuant to this subsection every 2 years from
23 the establishment thereof and upon such review, unless it is
24 determined that it is economically unfeasible for the agency
25 to comply with the provisions of subsection (a), shall repeal
26 such different time period.
27 (Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
28 revised 11-20-97.)
29 Section 39. The Illinois Coal Technology Development
30 Assistance Act is amended by changing Section 4 as follows:
31 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
32 Sec. 4. Expenditures from Coal Technology Development
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1 Assistance Fund.
2 (a) The contents of the Coal Technology Development
3 Assistance Fund may be expended, subject to appropriation by
4 the General Assembly, in such amounts and at such times as
5 the Department, with the advice and recommendation of the
6 Board, may deem necessary or desirable for the purposes of
7 this Act.
8 (b) The Department shall develop a written plan
9 containing measurable 3-year and 10-year goals and objectives
10 in regard to the funding of coal research and coal
11 demonstration and commercialization projects, and programs
12 designed to preserve and enhance markets for Illinois coal.
13 In developing these goals and objectives, the Department
14 shall consider and determine the appropriate balance for the
15 achievement of near-term and long-term goals and objectives
16 and of ensuring the timely commercial application of
17 cost-effective technologies or energy and chemical production
18 processes or systems utilizing coal. The Department shall
19 develop the initial goals and objectives no later than
20 December 1, 1993, and develop revised goals and objectives no
21 later than July 1 annually thereafter.
22 (c) (Blank).
23 (Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
24 90-372, eff. 7-1-98; revised 11-18-97.)
25 Section 40. The State Mandates Act is amended by
26 changing Section 8.21 and renumbering Section 8.22 (as added
27 by Public Act 90-4) as follows:
28 (30 ILCS 805/8.21)
29 Sec. 8.21. 8.22. Exempt mandate. Notwithstanding
30 Sections 6 and 8 of this Act, no reimbursement by the State
31 is required for the implementation of any mandate created by
32 Public Act 89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31,
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1 90-32, 90-186, 90-204, 90-258, 90-288, 90-350, 90-448,
2 90-460, 90-497, 90-511, 90-524, 90-531, 90-535, or 90-551
3 this amendatory Act of 1997 (House Bill 66 of the 90th
4 General Assembly) or by House Bill 165 of the 90th General
5 Assembly.
6 (Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6,
7 eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97;
8 90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
9 90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff.
10 7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
11 eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97;
12 90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff.
13 8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535,
14 eff. 11-14-97; 90-551, eff. 12-12-97; revised 1-9-98.)
15 Section 41. The Illinois Income Tax Act is amended by
16 changing Sections 201 and 901 as follows:
17 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
18 Sec. 201. Tax Imposed.
19 (a) In general. A tax measured by net income is hereby
20 imposed on every individual, corporation, trust and estate
21 for each taxable year ending after July 31, 1969 on the
22 privilege of earning or receiving income in or as a resident
23 of this State. Such tax shall be in addition to all other
24 occupation or privilege taxes imposed by this State or by any
25 municipal corporation or political subdivision thereof.
26 (b) Rates. The tax imposed by subsection (a) of this
27 Section shall be determined as follows:
28 (1) In the case of an individual, trust or estate,
29 for taxable years ending prior to July 1, 1989, an amount
30 equal to 2 1/2% of the taxpayer's net income for the
31 taxable year.
32 (2) In the case of an individual, trust or estate,
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1 for taxable years beginning prior to July 1, 1989 and
2 ending after June 30, 1989, an amount equal to the sum of
3 (i) 2 1/2% of the taxpayer's net income for the period
4 prior to July 1, 1989, as calculated under Section 202.3,
5 and (ii) 3% of the taxpayer's net income for the period
6 after June 30, 1989, as calculated under Section 202.3.
7 (3) In the case of an individual, trust or estate,
8 for taxable years beginning after June 30, 1989, an
9 amount equal to 3% of the taxpayer's net income for the
10 taxable year.
11 (4) (Blank).
12 (5) (Blank).
13 (6) In the case of a corporation, for taxable years
14 ending prior to July 1, 1989, an amount equal to 4% of
15 the taxpayer's net income for the taxable year.
16 (7) In the case of a corporation, for taxable years
17 beginning prior to July 1, 1989 and ending after June 30,
18 1989, an amount equal to the sum of (i) 4% of the
19 taxpayer's net income for the period prior to July 1,
20 1989, as calculated under Section 202.3, and (ii) 4.8% of
21 the taxpayer's net income for the period after June 30,
22 1989, as calculated under Section 202.3.
23 (8) In the case of a corporation, for taxable years
24 beginning after June 30, 1989, an amount equal to 4.8% of
25 the taxpayer's net income for the taxable year.
26 (c) Beginning on July 1, 1979 and thereafter, in
27 addition to such income tax, there is also hereby imposed the
28 Personal Property Tax Replacement Income Tax measured by net
29 income on every corporation (including Subchapter S
30 corporations), partnership and trust, for each taxable year
31 ending after June 30, 1979. Such taxes are imposed on the
32 privilege of earning or receiving income in or as a resident
33 of this State. The Personal Property Tax Replacement Income
34 Tax shall be in addition to the income tax imposed by
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1 subsections (a) and (b) of this Section and in addition to
2 all other occupation or privilege taxes imposed by this State
3 or by any municipal corporation or political subdivision
4 thereof.
5 (d) Additional Personal Property Tax Replacement Income
6 Tax Rates. The personal property tax replacement income tax
7 imposed by this subsection and subsection (c) of this Section
8 in the case of a corporation, other than a Subchapter S
9 corporation, shall be an additional amount equal to 2.85% of
10 such taxpayer's net income for the taxable year, except that
11 beginning on January 1, 1981, and thereafter, the rate of
12 2.85% specified in this subsection shall be reduced to 2.5%,
13 and in the case of a partnership, trust or a Subchapter S
14 corporation shall be an additional amount equal to 1.5% of
15 such taxpayer's net income for the taxable year.
16 (e) Investment credit. A taxpayer shall be allowed a
17 credit against the Personal Property Tax Replacement Income
18 Tax for investment in qualified property.
19 (1) A taxpayer shall be allowed a credit equal to
20 .5% of the basis of qualified property placed in service
21 during the taxable year, provided such property is placed
22 in service on or after July 1, 1984. There shall be
23 allowed an additional credit equal to .5% of the basis of
24 qualified property placed in service during the taxable
25 year, provided such property is placed in service on or
26 after July 1, 1986, and the taxpayer's base employment
27 within Illinois has increased by 1% or more over the
28 preceding year as determined by the taxpayer's employment
29 records filed with the Illinois Department of Employment
30 Security. Taxpayers who are new to Illinois shall be
31 deemed to have met the 1% growth in base employment for
32 the first year in which they file employment records with
33 the Illinois Department of Employment Security. The
34 provisions added to this Section by Public Act 85-1200
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1 (and restored by Public Act 87-895) shall be construed as
2 declaratory of existing law and not as a new enactment.
3 If, in any year, the increase in base employment within
4 Illinois over the preceding year is less than 1%, the
5 additional credit shall be limited to that percentage
6 times a fraction, the numerator of which is .5% and the
7 denominator of which is 1%, but shall not exceed .5%.
8 The investment credit shall not be allowed to the extent
9 that it would reduce a taxpayer's liability in any tax
10 year below zero, nor may any credit for qualified
11 property be allowed for any year other than the year in
12 which the property was placed in service in Illinois. For
13 tax years ending on or after December 31, 1987, and on or
14 before December 31, 1988, the credit shall be allowed for
15 the tax year in which the property is placed in service,
16 or, if the amount of the credit exceeds the tax liability
17 for that year, whether it exceeds the original liability
18 or the liability as later amended, such excess may be
19 carried forward and applied to the tax liability of the 5
20 taxable years following the excess credit years if the
21 taxpayer (i) makes investments which cause the creation
22 of a minimum of 2,000 full-time equivalent jobs in
23 Illinois, (ii) is located in an enterprise zone
24 established pursuant to the Illinois Enterprise Zone Act
25 and (iii) is certified by the Department of Commerce and
26 Community Affairs as complying with the requirements
27 specified in clause (i) and (ii) by July 1, 1986. The
28 Department of Commerce and Community Affairs shall notify
29 the Department of Revenue of all such certifications
30 immediately. For tax years ending after December 31,
31 1988, the credit shall be allowed for the tax year in
32 which the property is placed in service, or, if the
33 amount of the credit exceeds the tax liability for that
34 year, whether it exceeds the original liability or the
HB1268 Enrolled -174- LRB9000999EGfg
1 liability as later amended, such excess may be carried
2 forward and applied to the tax liability of the 5 taxable
3 years following the excess credit years. The credit shall
4 be applied to the earliest year for which there is a
5 liability. If there is credit from more than one tax year
6 that is available to offset a liability, earlier credit
7 shall be applied first.
8 (2) The term "qualified property" means property
9 which:
10 (A) is tangible, whether new or used,
11 including buildings and structural components of
12 buildings and signs that are real property, but not
13 including land or improvements to real property that
14 are not a structural component of a building such as
15 landscaping, sewer lines, local access roads,
16 fencing, parking lots, and other appurtenances;
17 (B) is depreciable pursuant to Section 167 of
18 the Internal Revenue Code, except that "3-year
19 property" as defined in Section 168(c)(2)(A) of that
20 Code is not eligible for the credit provided by this
21 subsection (e);
22 (C) is acquired by purchase as defined in
23 Section 179(d) of the Internal Revenue Code;
24 (D) is used in Illinois by a taxpayer who is
25 primarily engaged in manufacturing, or in mining
26 coal or fluorite, or in retailing; and
27 (E) has not previously been used in Illinois
28 in such a manner and by such a person as would
29 qualify for the credit provided by this subsection
30 (e) or subsection (f).
31 (3) For purposes of this subsection (e),
32 "manufacturing" means the material staging and production
33 of tangible personal property by procedures commonly
34 regarded as manufacturing, processing, fabrication, or
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1 assembling which changes some existing material into new
2 shapes, new qualities, or new combinations. For purposes
3 of this subsection (e) the term "mining" shall have the
4 same meaning as the term "mining" in Section 613(c) of
5 the Internal Revenue Code. For purposes of this
6 subsection (e), the term "retailing" means the sale of
7 tangible personal property or services rendered in
8 conjunction with the sale of tangible consumer goods or
9 commodities.
10 (4) The basis of qualified property shall be the
11 basis used to compute the depreciation deduction for
12 federal income tax purposes.
13 (5) If the basis of the property for federal income
14 tax depreciation purposes is increased after it has been
15 placed in service in Illinois by the taxpayer, the amount
16 of such increase shall be deemed property placed in
17 service on the date of such increase in basis.
18 (6) The term "placed in service" shall have the
19 same meaning as under Section 46 of the Internal Revenue
20 Code.
21 (7) If during any taxable year, any property ceases
22 to be qualified property in the hands of the taxpayer
23 within 48 months after being placed in service, or the
24 situs of any qualified property is moved outside Illinois
25 within 48 months after being placed in service, the
26 Personal Property Tax Replacement Income Tax for such
27 taxable year shall be increased. Such increase shall be
28 determined by (i) recomputing the investment credit which
29 would have been allowed for the year in which credit for
30 such property was originally allowed by eliminating such
31 property from such computation and, (ii) subtracting such
32 recomputed credit from the amount of credit previously
33 allowed. For the purposes of this paragraph (7), a
34 reduction of the basis of qualified property resulting
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1 from a redetermination of the purchase price shall be
2 deemed a disposition of qualified property to the extent
3 of such reduction.
4 (8) Unless the investment credit is extended by
5 law, the basis of qualified property shall not include
6 costs incurred after December 31, 2003, except for costs
7 incurred pursuant to a binding contract entered into on
8 or before December 31, 2003.
9 (9) Each taxable year, a partnership may elect to
10 pass through to its partners the credits to which the
11 partnership is entitled under this subsection (e) for the
12 taxable year. A partner may use the credit allocated to
13 him or her under this paragraph only against the tax
14 imposed in subsections (c) and (d) of this Section. If
15 the partnership makes that election, those credits shall
16 be allocated among the partners in the partnership in
17 accordance with the rules set forth in Section 704(b) of
18 the Internal Revenue Code, and the rules promulgated
19 under that Section, and the allocated amount of the
20 credits shall be allowed to the partners for that taxable
21 year. The partnership shall make this election on its
22 Personal Property Tax Replacement Income Tax return for
23 that taxable year. The election to pass through the
24 credits shall be irrevocable.
25 (f) Investment credit; Enterprise Zone.
26 (1) A taxpayer shall be allowed a credit against
27 the tax imposed by subsections (a) and (b) of this
28 Section for investment in qualified property which is
29 placed in service in an Enterprise Zone created pursuant
30 to the Illinois Enterprise Zone Act. For partners and for
31 shareholders of Subchapter S corporations, there shall be
32 allowed a credit under this subsection (f) to be
33 determined in accordance with the determination of income
34 and distributive share of income under Sections 702 and
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1 704 and Subchapter S of the Internal Revenue Code. The
2 credit shall be .5% of the basis for such property. The
3 credit shall be available only in the taxable year in
4 which the property is placed in service in the Enterprise
5 Zone and shall not be allowed to the extent that it would
6 reduce a taxpayer's liability for the tax imposed by
7 subsections (a) and (b) of this Section to below zero.
8 For tax years ending on or after December 31, 1985, the
9 credit shall be allowed for the tax year in which the
10 property is placed in service, or, if the amount of the
11 credit exceeds the tax liability for that year, whether
12 it exceeds the original liability or the liability as
13 later amended, such excess may be carried forward and
14 applied to the tax liability of the 5 taxable years
15 following the excess credit year. The credit shall be
16 applied to the earliest year for which there is a
17 liability. If there is credit from more than one tax year
18 that is available to offset a liability, the credit
19 accruing first in time shall be applied first.
20 (2) The term qualified property means property
21 which:
22 (A) is tangible, whether new or used,
23 including buildings and structural components of
24 buildings;
25 (B) is depreciable pursuant to Section 167 of
26 the Internal Revenue Code, except that "3-year
27 property" as defined in Section 168(c)(2)(A) of that
28 Code is not eligible for the credit provided by this
29 subsection (f);
30 (C) is acquired by purchase as defined in
31 Section 179(d) of the Internal Revenue Code;
32 (D) is used in the Enterprise Zone by the
33 taxpayer; and
34 (E) has not been previously used in Illinois
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1 in such a manner and by such a person as would
2 qualify for the credit provided by this subsection
3 (f) or subsection (e).
4 (3) The basis of qualified property shall be the
5 basis used to compute the depreciation deduction for
6 federal income tax purposes.
7 (4) If the basis of the property for federal income
8 tax depreciation purposes is increased after it has been
9 placed in service in the Enterprise Zone by the taxpayer,
10 the amount of such increase shall be deemed property
11 placed in service on the date of such increase in basis.
12 (5) The term "placed in service" shall have the
13 same meaning as under Section 46 of the Internal Revenue
14 Code.
15 (6) If during any taxable year, any property ceases
16 to be qualified property in the hands of the taxpayer
17 within 48 months after being placed in service, or the
18 situs of any qualified property is moved outside the
19 Enterprise Zone within 48 months after being placed in
20 service, the tax imposed under subsections (a) and (b) of
21 this Section for such taxable year shall be increased.
22 Such increase shall be determined by (i) recomputing the
23 investment credit which would have been allowed for the
24 year in which credit for such property was originally
25 allowed by eliminating such property from such
26 computation, and (ii) subtracting such recomputed credit
27 from the amount of credit previously allowed. For the
28 purposes of this paragraph (6), a reduction of the basis
29 of qualified property resulting from a redetermination of
30 the purchase price shall be deemed a disposition of
31 qualified property to the extent of such reduction.
32 (g) Jobs Tax Credit; Enterprise Zone and Foreign
33 Trade Zone or Sub-Zone.
34 (1) A taxpayer conducting a trade or business in an
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1 enterprise zone or a High Impact Business designated by
2 the Department of Commerce and Community Affairs
3 conducting a trade or business in a federally designated
4 Foreign Trade Zone or Sub-Zone shall be allowed a credit
5 against the tax imposed by subsections (a) and (b) of
6 this Section in the amount of $500 per eligible employee
7 hired to work in the zone during the taxable year.
8 (2) To qualify for the credit:
9 (A) the taxpayer must hire 5 or more eligible
10 employees to work in an enterprise zone or federally
11 designated Foreign Trade Zone or Sub-Zone during the
12 taxable year;
13 (B) the taxpayer's total employment within the
14 enterprise zone or federally designated Foreign
15 Trade Zone or Sub-Zone must increase by 5 or more
16 full-time employees beyond the total employed in
17 that zone at the end of the previous tax year for
18 which a jobs tax credit under this Section was
19 taken, or beyond the total employed by the taxpayer
20 as of December 31, 1985, whichever is later; and
21 (C) the eligible employees must be employed
22 180 consecutive days in order to be deemed hired for
23 purposes of this subsection.
24 (3) An "eligible employee" means an employee who
25 is:
26 (A) Certified by the Department of Commerce
27 and Community Affairs as "eligible for services"
28 pursuant to regulations promulgated in accordance
29 with Title II of the Job Training Partnership Act,
30 Training Services for the Disadvantaged or Title III
31 of the Job Training Partnership Act, Employment and
32 Training Assistance for Dislocated Workers Program.
33 (B) Hired after the enterprise zone or
34 federally designated Foreign Trade Zone or Sub-Zone
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1 was designated or the trade or business was located
2 in that zone, whichever is later.
3 (C) Employed in the enterprise zone or Foreign
4 Trade Zone or Sub-Zone. An employee is employed in
5 an enterprise zone or federally designated Foreign
6 Trade Zone or Sub-Zone if his services are rendered
7 there or it is the base of operations for the
8 services performed.
9 (D) A full-time employee working 30 or more
10 hours per week.
11 (4) For tax years ending on or after December 31,
12 1985 and prior to December 31, 1988, the credit shall be
13 allowed for the tax year in which the eligible employees
14 are hired. For tax years ending on or after December 31,
15 1988, the credit shall be allowed for the tax year
16 immediately following the tax year in which the eligible
17 employees are hired. If the amount of the credit exceeds
18 the tax liability for that year, whether it exceeds the
19 original liability or the liability as later amended,
20 such excess may be carried forward and applied to the tax
21 liability of the 5 taxable years following the excess
22 credit year. The credit shall be applied to the earliest
23 year for which there is a liability. If there is credit
24 from more than one tax year that is available to offset a
25 liability, earlier credit shall be applied first.
26 (5) The Department of Revenue shall promulgate such
27 rules and regulations as may be deemed necessary to carry
28 out the purposes of this subsection (g).
29 (6) The credit shall be available for eligible
30 employees hired on or after January 1, 1986.
31 (h) Investment credit; High Impact Business.
32 (1) Subject to subsection (b) of Section 5.5 of the
33 Illinois Enterprise Zone Act, a taxpayer shall be allowed
34 a credit against the tax imposed by subsections (a) and
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1 (b) of this Section for investment in qualified property
2 which is placed in service by a Department of Commerce
3 and Community Affairs designated High Impact Business.
4 The credit shall be .5% of the basis for such property.
5 The credit shall not be available until the minimum
6 investments in qualified property set forth in Section
7 5.5 of the Illinois Enterprise Zone Act have been
8 satisfied and shall not be allowed to the extent that it
9 would reduce a taxpayer's liability for the tax imposed
10 by subsections (a) and (b) of this Section to below zero.
11 The credit applicable to such minimum investments shall
12 be taken in the taxable year in which such minimum
13 investments have been completed. The credit for
14 additional investments beyond the minimum investment by a
15 designated high impact business shall be available only
16 in the taxable year in which the property is placed in
17 service and shall not be allowed to the extent that it
18 would reduce a taxpayer's liability for the tax imposed
19 by subsections (a) and (b) of this Section to below zero.
20 For tax years ending on or after December 31, 1987, the
21 credit shall be allowed for the tax year in which the
22 property is placed in service, or, if the amount of the
23 credit exceeds the tax liability for that year, whether
24 it exceeds the original liability or the liability as
25 later amended, such excess may be carried forward and
26 applied to the tax liability of the 5 taxable years
27 following the excess credit year. The credit shall be
28 applied to the earliest year for which there is a
29 liability. If there is credit from more than one tax
30 year that is available to offset a liability, the credit
31 accruing first in time shall be applied first.
32 Changes made in this subdivision (h)(1) by Public
33 Act 88-670 restore changes made by Public Act 85-1182 and
34 reflect existing law.
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1 (2) The term qualified property means property
2 which:
3 (A) is tangible, whether new or used,
4 including buildings and structural components of
5 buildings;
6 (B) is depreciable pursuant to Section 167 of
7 the Internal Revenue Code, except that "3-year
8 property" as defined in Section 168(c)(2)(A) of that
9 Code is not eligible for the credit provided by this
10 subsection (h);
11 (C) is acquired by purchase as defined in
12 Section 179(d) of the Internal Revenue Code; and
13 (D) is not eligible for the Enterprise Zone
14 Investment Credit provided by subsection (f) of this
15 Section.
16 (3) The basis of qualified property shall be the
17 basis used to compute the depreciation deduction for
18 federal income tax purposes.
19 (4) If the basis of the property for federal income
20 tax depreciation purposes is increased after it has been
21 placed in service in a federally designated Foreign Trade
22 Zone or Sub-Zone located in Illinois by the taxpayer, the
23 amount of such increase shall be deemed property placed
24 in service on the date of such increase in basis.
25 (5) The term "placed in service" shall have the
26 same meaning as under Section 46 of the Internal Revenue
27 Code.
28 (6) If during any taxable year ending on or before
29 December 31, 1996, any property ceases to be qualified
30 property in the hands of the taxpayer within 48 months
31 after being placed in service, or the situs of any
32 qualified property is moved outside Illinois within 48
33 months after being placed in service, the tax imposed
34 under subsections (a) and (b) of this Section for such
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1 taxable year shall be increased. Such increase shall be
2 determined by (i) recomputing the investment credit which
3 would have been allowed for the year in which credit for
4 such property was originally allowed by eliminating such
5 property from such computation, and (ii) subtracting such
6 recomputed credit from the amount of credit previously
7 allowed. For the purposes of this paragraph (6), a
8 reduction of the basis of qualified property resulting
9 from a redetermination of the purchase price shall be
10 deemed a disposition of qualified property to the extent
11 of such reduction.
12 (7) Beginning with tax years ending after December
13 31, 1996, if a taxpayer qualifies for the credit under
14 this subsection (h) and thereby is granted a tax
15 abatement and the taxpayer relocates its entire facility
16 in violation of the explicit terms and length of the
17 contract under Section 18-183 of the Property Tax Code,
18 the tax imposed under subsections (a) and (b) of this
19 Section shall be increased for the taxable year in which
20 the taxpayer relocated its facility by an amount equal to
21 the amount of credit received by the taxpayer under this
22 subsection (h).
23 (i) A credit shall be allowed against the tax imposed by
24 subsections (a) and (b) of this Section for the tax imposed
25 by subsections (c) and (d) of this Section. This credit
26 shall be computed by multiplying the tax imposed by
27 subsections (c) and (d) of this Section by a fraction, the
28 numerator of which is base income allocable to Illinois and
29 the denominator of which is Illinois base income, and further
30 multiplying the product by the tax rate imposed by
31 subsections (a) and (b) of this Section.
32 Any credit earned on or after December 31, 1986 under
33 this subsection which is unused in the year the credit is
34 computed because it exceeds the tax liability imposed by
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1 subsections (a) and (b) for that year (whether it exceeds the
2 original liability or the liability as later amended) may be
3 carried forward and applied to the tax liability imposed by
4 subsections (a) and (b) of the 5 taxable years following the
5 excess credit year. This credit shall be applied first to
6 the earliest year for which there is a liability. If there
7 is a credit under this subsection from more than one tax year
8 that is available to offset a liability the earliest credit
9 arising under this subsection shall be applied first.
10 If, during any taxable year ending on or after December
11 31, 1986, the tax imposed by subsections (c) and (d) of this
12 Section for which a taxpayer has claimed a credit under this
13 subsection (i) is reduced, the amount of credit for such tax
14 shall also be reduced. Such reduction shall be determined by
15 recomputing the credit to take into account the reduced tax
16 imposed by subsection (c) and (d). If any portion of the
17 reduced amount of credit has been carried to a different
18 taxable year, an amended return shall be filed for such
19 taxable year to reduce the amount of credit claimed.
20 (j) Training expense credit. Beginning with tax years
21 ending on or after December 31, 1986, a taxpayer shall be
22 allowed a credit against the tax imposed by subsection (a)
23 and (b) under this Section for all amounts paid or accrued,
24 on behalf of all persons employed by the taxpayer in Illinois
25 or Illinois residents employed outside of Illinois by a
26 taxpayer, for educational or vocational training in
27 semi-technical or technical fields or semi-skilled or skilled
28 fields, which were deducted from gross income in the
29 computation of taxable income. The credit against the tax
30 imposed by subsections (a) and (b) shall be 1.6% of such
31 training expenses. For partners and for shareholders of
32 subchapter S corporations, there shall be allowed a credit
33 under this subsection (j) to be determined in accordance with
34 the determination of income and distributive share of income
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1 under Sections 702 and 704 and subchapter S of the Internal
2 Revenue Code.
3 Any credit allowed under this subsection which is unused
4 in the year the credit is earned may be carried forward to
5 each of the 5 taxable years following the year for which the
6 credit is first computed until it is used. This credit shall
7 be applied first to the earliest year for which there is a
8 liability. If there is a credit under this subsection from
9 more than one tax year that is available to offset a
10 liability the earliest credit arising under this subsection
11 shall be applied first.
12 (k) Research and development credit.
13 Beginning with tax years ending after July 1, 1990, a
14 taxpayer shall be allowed a credit against the tax imposed by
15 subsections (a) and (b) of this Section for increasing
16 research activities in this State. The credit allowed
17 against the tax imposed by subsections (a) and (b) shall be
18 equal to 6 1/2% of the qualifying expenditures for increasing
19 research activities in this State.
20 For purposes of this subsection, "qualifying
21 expenditures" means the qualifying expenditures as defined
22 for the federal credit for increasing research activities
23 which would be allowable under Section 41 of the Internal
24 Revenue Code and which are conducted in this State,
25 "qualifying expenditures for increasing research activities
26 in this State" means the excess of qualifying expenditures
27 for the taxable year in which incurred over qualifying
28 expenditures for the base period, "qualifying expenditures
29 for the base period" means the average of the qualifying
30 expenditures for each year in the base period, and "base
31 period" means the 3 taxable years immediately preceding the
32 taxable year for which the determination is being made.
33 Any credit in excess of the tax liability for the taxable
34 year may be carried forward. A taxpayer may elect to have the
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1 unused credit shown on its final completed return carried
2 over as a credit against the tax liability for the following
3 5 taxable years or until it has been fully used, whichever
4 occurs first.
5 If an unused credit is carried forward to a given year
6 from 2 or more earlier years, that credit arising in the
7 earliest year will be applied first against the tax liability
8 for the given year. If a tax liability for the given year
9 still remains, the credit from the next earliest year will
10 then be applied, and so on, until all credits have been used
11 or no tax liability for the given year remains. Any
12 remaining unused credit or credits then will be carried
13 forward to the next following year in which a tax liability
14 is incurred, except that no credit can be carried forward to
15 a year which is more than 5 years after the year in which the
16 expense for which the credit is given was incurred.
17 Unless extended by law, the credit shall not include
18 costs incurred after December 31, 1999, except for costs
19 incurred pursuant to a binding contract entered into on or
20 before December 31, 1999.
21 (l) Environmental Remediation Tax Credit.
22 (i) For tax years ending after December 31, 1997
23 and on or before December 31, 2001, a taxpayer shall be
24 allowed a credit against the tax imposed by subsections
25 (a) and (b) of this Section for certain amounts paid for
26 unreimbursed eligible remediation costs, as specified in
27 this subsection. For purposes of this Section,
28 "unreimbursed eligible remediation costs" means costs
29 approved by the Illinois Environmental Protection Agency
30 ("Agency") under Section 58.14 of the Environmental
31 Protection Act that were paid in performing environmental
32 remediation at a site for which a No Further Remediation
33 Letter was issued by the Agency and recorded under
34 Section 58.10 of the Environmental Protection Act, and
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1 does not mean approved eligible remediation costs that
2 are at any time deducted under the provisions of the
3 Internal Revenue Code. The credit must be claimed for
4 the taxable year in which Agency approval of the eligible
5 remediation costs is granted. In no event shall
6 unreimbursed eligible remediation costs include any costs
7 taken into account in calculating an environmental
8 remediation credit granted against a tax imposed under
9 the provisions of the Internal Revenue Code. The credit
10 is not available to any taxpayer if the taxpayer or any
11 related party caused or contributed to, in any material
12 respect, a release of regulated substances on, in, or
13 under the site that was identified and addressed by the
14 remedial action pursuant to the Site Remediation Program
15 of the Environmental Protection Act. After the Pollution
16 Control Board rules are adopted pursuant to the Illinois
17 Administrative Procedure Act for the administration and
18 enforcement of Section 58.9 of the Environmental
19 Protection Act, determinations as to credit availability
20 for purposes of this Section shall be made consistent
21 with those rules. For purposes of this Section,
22 "taxpayer" includes a person whose tax attributes the
23 taxpayer has succeeded to under Section 381 of the
24 Internal Revenue Code and "related party" includes the
25 persons disallowed a deduction for losses by paragraphs
26 (b), (c), and (f)(1) of Section 267 of the Internal
27 Revenue Code by virtue of being a related taxpayer, as
28 well as any of its partners. The credit allowed against
29 the tax imposed by subsections (a) and (b) shall be equal
30 to 25% of the unreimbursed eligible remediation costs in
31 excess of $100,000 per site, except that the $100,000
32 threshold shall not apply to any site contained in an
33 enterprise zone and located in a census tract that is
34 located in a minor civil division and place or county
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1 that has been determined by the Department of Commerce
2 and Community Affairs to contain a majority of households
3 consisting of low and moderate income persons. The total
4 credit allowed shall not exceed $40,000 per year with a
5 maximum total of $150,000 per site. For partners and
6 shareholders of subchapter S corporations, there shall be
7 allowed a credit under this subsection to be determined
8 in accordance with the determination of income and
9 distributive share of income under Sections 702 and 704
10 of subchapter S of the Internal Revenue Code.
11 (ii) A credit allowed under this subsection that is
12 unused in the year the credit is earned may be carried
13 forward to each of the 5 taxable years following the year
14 for which the credit is first earned until it is used.
15 The term "unused credit" does not include any amounts of
16 unreimbursed eligible remediation costs in excess of the
17 maximum credit per site authorized under paragraph (i).
18 This credit shall be applied first to the earliest year
19 for which there is a liability. If there is a credit
20 under this subsection from more than one tax year that is
21 available to offset a liability, the earliest credit
22 arising under this subsection shall be applied first. A
23 credit allowed under this subsection may be sold to a
24 buyer as part of a sale of all or part of the remediation
25 site for which the credit was granted. The purchaser of
26 a remediation site and the tax credit shall succeed to
27 the unused credit and remaining carry-forward period of
28 the seller. To perfect the transfer, the assignor shall
29 record the transfer in the chain of title for the site
30 and provide written notice to the Director of the
31 Illinois Department of Revenue of the assignor's intent
32 to sell the remediation site and the amount of the tax
33 credit to be transferred as a portion of the sale. In no
34 event may a credit be transferred to any taxpayer if the
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1 taxpayer or a related party would not be eligible under
2 the provisions of subsection (i).
3 (iii) For purposes of this Section, the term "site"
4 shall have the same meaning as under Section 58.2 of the
5 Environmental Protection Act.
6 (Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96;
7 89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff.
8 8-17-97; revised 10-16-97.)
9 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
10 Sec. 901. Collection Authority.
11 (a) In general.
12 The Department shall collect the taxes imposed by this
13 Act. The Department shall collect certified past due child
14 support amounts under Section 39b52 of the Civil
15 Administrative Code of Illinois. Except as provided in
16 subsections (c) and (e) of this Section, money collected
17 pursuant to subsections (a) and (b) of Section 201 of this
18 Act shall be paid into the General Revenue Fund in the State
19 treasury; money collected pursuant to subsections (c) and (d)
20 of Section 201 of this Act shall be paid into the Personal
21 Property Tax Replacement Fund, a special fund in the State
22 Treasury; and money collected under Section 39b52 of the
23 Civil Administrative Code of Illinois shall be paid into the
24 Child Support Enforcement Trust Fund, a special fund outside
25 the State Treasury.
26 (b) Local Governmental Distributive Fund.
27 Beginning August 1, 1969, and continuing through June 30,
28 1994, the Treasurer shall transfer each month from the
29 General Revenue Fund to a special fund in the State treasury,
30 to be known as the "Local Government Distributive Fund", an
31 amount equal to 1/12 of the net revenue realized from the tax
32 imposed by subsections (a) and (b) of Section 201 of this Act
33 during the preceding month. Beginning July 1, 1994, and
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1 continuing through June 30, 1995, the Treasurer shall
2 transfer each month from the General Revenue Fund to the
3 Local Government Distributive Fund an amount equal to 1/11 of
4 the net revenue realized from the tax imposed by subsections
5 (a) and (b) of Section 201 of this Act during the preceding
6 month. Beginning July 1, 1995, the Treasurer shall transfer
7 each month from the General Revenue Fund to the Local
8 Government Distributive Fund an amount equal to 1/10 of the
9 net revenue realized from the tax imposed by subsections (a)
10 and (b) of Section 201 of the Illinois Income Tax Act during
11 the preceding month. Net revenue realized for a month shall
12 be defined as the revenue from the tax imposed by subsections
13 (a) and (b) of Section 201 of this Act which is deposited in
14 the General Revenue Fund, the Educational Assistance Fund and
15 the Income Tax Surcharge Local Government Distributive Fund
16 during the month minus the amount paid out of the General
17 Revenue Fund in State warrants during that same month as
18 refunds to taxpayers for overpayment of liability under the
19 tax imposed by subsections (a) and (b) of Section 201 of this
20 Act.
21 (c) Deposits Into Income Tax Refund Fund.
22 (1) Beginning on January 1, 1989 and thereafter,
23 the Department shall deposit a percentage of the amounts
24 collected pursuant to subsections (a) and (b)(1), (2),
25 and (3), of Section 201 of this Act into a fund in the
26 State treasury known as the Income Tax Refund Fund. The
27 Department shall deposit 6% of such amounts during the
28 period beginning January 1, 1989 and ending on June 30,
29 1989. Beginning with State fiscal year 1990 and for each
30 fiscal year thereafter, the percentage deposited into the
31 Income Tax Refund Fund during a fiscal year shall be the
32 Annual Percentage. The Annual Percentage shall be
33 calculated as a fraction, the numerator of which shall be
34 the amount of refunds approved for payment by the
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1 Department during the preceding fiscal year as a result
2 of overpayment of tax liability under subsections (a) and
3 (b)(1), (2), and (3) of Section 201 of this Act plus the
4 amount of such refunds remaining approved but unpaid at
5 the end of the preceding fiscal year minus any surplus
6 which remains on deposit in the Income Tax Refund Fund at
7 the end of the preceding year, the denominator of which
8 shall be the amounts which will be collected pursuant to
9 subsections (a) and (b)(1), (2), and (3) of Section 201
10 of this Act during the preceding fiscal year. The
11 Director of Revenue shall certify the Annual Percentage
12 to the Comptroller on the last business day of the fiscal
13 year immediately preceding the fiscal year for which it
14 is it to be effective.
15 (2) Beginning on January 1, 1989 and thereafter,
16 the Department shall deposit a percentage of the amounts
17 collected pursuant to subsections (a) and (b)(6), (7),
18 and (8), (c) and (d) of Section 201 of this Act into a
19 fund in the State treasury known as the Income Tax Refund
20 Fund. The Department shall deposit 18% of such amounts
21 during the period beginning January 1, 1989 and ending on
22 June 30, 1989. Beginning with State fiscal year 1990 and
23 for each fiscal year thereafter, the percentage deposited
24 into the Income Tax Refund Fund during a fiscal year
25 shall be the Annual Percentage. The Annual Percentage
26 shall be calculated as a fraction, the numerator of which
27 shall be the amount of refunds approved for payment by
28 the Department during the preceding fiscal year as a
29 result of overpayment of tax liability under subsections
30 (a) and (b)(6), (7), and (8), (c) and (d) of Section 201
31 of this Act plus the amount of such refunds remaining
32 approved but unpaid at the end of the preceding fiscal
33 year, the denominator of which shall be the amounts which
34 will be collected pursuant to subsections (a) and (b)(6),
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1 (7), and (8), (c) and (d) of Section 201 of this Act
2 during the preceding fiscal year. The Director of
3 Revenue shall certify the Annual Percentage to the
4 Comptroller on the last business day of the fiscal year
5 immediately preceding the fiscal year for which it is to
6 be effective.
7 (d) Expenditures from Income Tax Refund Fund.
8 (1) Beginning January 1, 1989, money in the Income
9 Tax Refund Fund shall be expended exclusively for the
10 purpose of paying refunds resulting from overpayment of
11 tax liability under Section 201 of this Act and for
12 making transfers pursuant to this subsection (d).
13 (2) The Director shall order payment of refunds
14 resulting from overpayment of tax liability under Section
15 201 of this Act from the Income Tax Refund Fund only to
16 the extent that amounts collected pursuant to Section 201
17 of this Act and transfers pursuant to this subsection (d)
18 have been deposited and retained in the Fund.
19 (3) On the last business day of each fiscal year,
20 the Director shall order transferred and the State
21 Treasurer and State Comptroller shall transfer from the
22 Income Tax Refund Fund to the Personal Property Tax
23 Replacement Fund an amount, certified by the Director to
24 the Comptroller, equal to the excess of the amount
25 collected pursuant to subsections (c) and (d) of Section
26 201 of this Act deposited into the Income Tax Refund Fund
27 during the fiscal year over the amount of refunds
28 resulting from overpayment of tax liability under
29 subsections (c) and (d) of Section 201 of this Act paid
30 from the Income Tax Refund Fund during the fiscal year.
31 (4) On the last business day of each fiscal year,
32 the Director shall order transferred and the State
33 Treasurer and State Comptroller shall transfer from the
34 Personal Property Tax Replacement Fund to the Income Tax
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1 Refund Fund an amount, certified by the Director to the
2 Comptroller, equal to the excess of the amount of refunds
3 resulting from overpayment of tax liability under
4 subsections (c) and (d) of Section 201 of this Act paid
5 from the Income Tax Refund Fund during the fiscal year
6 over the amount collected pursuant to subsections (c) and
7 (d) of Section 201 of this Act deposited into the Income
8 Tax Refund Fund during the fiscal year.
9 (5) This Act shall constitute an irrevocable and
10 continuing appropriation from the Income Tax Refund Fund
11 for the purpose of paying refunds upon the order of the
12 Director in accordance with the provisions of this
13 Section.
14 (e) Deposits into the Education Assistance Fund and the
15 Income Tax Surcharge Local Government Distributive Fund.
16 On July 1, 1991, and thereafter, of the amounts collected
17 pursuant to subsections (a) and (b) of Section 201 of this
18 Act, minus deposits into the Income Tax Refund Fund, the
19 Department shall deposit 7.3% into the Education Assistance
20 Fund in the State Treasury. Beginning July 1, 1991, and
21 continuing through January 31, 1993, of the amounts collected
22 pursuant to subsections (a) and (b) of Section 201 of the
23 Illinois Income Tax Act, minus deposits into the Income Tax
24 Refund Fund, the Department shall deposit 3.0% into the
25 Income Tax Surcharge Local Government Distributive Fund in
26 the State Treasury. Beginning February 1, 1993 and
27 continuing through June 30, 1993, of the amounts collected
28 pursuant to subsections (a) and (b) of Section 201 of the
29 Illinois Income Tax Act, minus deposits into the Income Tax
30 Refund Fund, the Department shall deposit 4.4% into the
31 Income Tax Surcharge Local Government Distributive Fund in
32 the State Treasury. Beginning July 1, 1993, and continuing
33 through June 30, 1994, of the amounts collected under
34 subsections (a) and (b) of Section 201 of this Act, minus
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1 deposits into the Income Tax Refund Fund, the Department
2 shall deposit 1.475% into the Income Tax Surcharge Local
3 Government Distributive Fund in the State Treasury.
4 (Source: P.A. 88-89; 89-6, eff. 12-31-95; revised 12-18-97.)
5 Section 42. The Service Use Tax Act is amended by
6 changing Section 15 as follows:
7 (35 ILCS 110/15) (from Ch. 120, par. 439.45)
8 Sec. 15. When the amount due is under $300, any person
9 subject to the provisions hereof who fails to file a return,
10 or who violates any other provision of Section 9 or Section
11 10 hereof, or who fails to keep books and records as required
12 herein, or who files a fraudulent return, or who wilfully
13 violates any Rule or Regulation of the Department for the
14 administration and enforcement of the provisions hereof, or
15 any officer or agent of a corporation, or manager, member, or
16 agent of a limited liability company, subject hereto who
17 signs a fraudulent return filed on behalf of such corporation
18 or limited liability company, or any accountant or other
19 agent who knowingly enters false information on the return of
20 any taxpayer under this Act, or any person who violates any
21 of the provisions of Sections 3 and 5 hereof, or any
22 purchaser who obtains a registration number or resale number
23 from the Department through misrepresentation, or who
24 represents to a seller that such purchaser has a registration
25 number or a resale number from the Department when he knows
26 that he does not, or who uses his registration number or
27 resale number to make a seller believe that he is buying
28 tangible personal property for resale when such purchaser in
29 fact knows that this is not the case, is guilty of a Class 4
30 felony.
31 Any person who violates any provision of Section 6
32 hereof, or who engages in the business of making sales of
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1 service after his Certificate of Registration under this Act
2 has been revoked in accordance with Section 12 of this Act,
3 is guilty of a Class 4 felony. Each day any such person is
4 engaged in business in violation of Section 6, or after his
5 Certificate of Registration under this Act has been revoked,
6 constitutes a separate offense.
7 When the amount due is under $300, any person who accepts
8 money that is due to the Department under this Act from a
9 taxpayer for the purpose of acting as the taxpayer's agent to
10 make the payment to the Department, but who fails to remit
11 such payment to the Department when due is guilty of a Class
12 4 felony. Any such person who purports to make such payment
13 by issuing or delivering a check or other order upon a real
14 or fictitious depository for the payment of money, knowing
15 that it will not be paid by the depository, shall be guilty
16 of a deceptive practice in violation of Section 17-1 of the
17 Criminal Code of 1961, as amended.
18 When the amount due is $300 or more, any person subject
19 to the provisions hereof who fails to file a return, or who
20 violates any other provision of Section 9 or Section 10
21 hereof, or who fails to keep books and records as required
22 herein or who files a fraudulent return, or who willfully
23 violates any rule or regulation of the Department for the
24 administration and enforcement of the provisions hereof, or
25 any officer or agent of a corporation, or manager, member, or
26 agent of a limited liability company, subject hereto who
27 signs a fraudulent return filed on behalf of such corporation
28 or limited liability company, or any accountant or other
29 agent who knowingly enters false information on the return of
30 any taxpayer under this Act, or any person who violates any
31 of the provisions of Sections 3 and 5 hereof, or any
32 purchaser who obtains a registration number or resale number
33 from the Department through misrepresentation, or who
34 represents to a seller that such purchaser has a registration
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1 number or a resale number from the Department when he knows
2 that he does not, or who uses his registration number or
3 resale number to make a seller believe that he is is a buying
4 tangible personal property for resale when such purchaser in
5 fact knows that this is not the case, is guilty of a Class 3
6 felony.
7 When the amount due is $300 or more, any person who
8 accepts money that is due to the Department under this Act
9 from a taxpayer for the purpose of acting as the taxpayer's
10 agent to make the payment to the Department, but who fails to
11 remit such payment to the Department when due is guilty of a
12 Class 3 felony. Any such person who purports to make such
13 payment by issuing or delivering a check or other order upon
14 a real or fictitious depository for the payment of money,
15 knowing that it will not be paid by the depository, shall be
16 guilty of a deceptive practice in violation of Section 17-1
17 of the Criminal Code of 1961, as amended.
18 Any serviceman who collects or attempts to collect
19 Service Use Tax measured by receipts or selling prices which
20 such serviceman knows are not subject to Service Use Tax, or
21 any serviceman who knowingly over-collects or attempts to
22 over-collect Service Use Tax in a transaction which is
23 subject to the tax that is imposed by this Act, shall be
24 guilty of a Class 4 felony for each offense. This paragraph
25 does not apply to an amount collected by the serviceman as
26 Service Use Tax on receipts or selling prices which are
27 subject to tax under this Act as long as such collection is
28 made in compliance with the tax collection brackets
29 prescribed by the Department in its Rules and Regulations.
30 Any taxpayer or agent of a taxpayer who with the intent
31 to defraud purports to make a payment due to the Department
32 by issuing or delivering a check or other order upon a real
33 or fictitious depository for the payment of money, knowing
34 that it will not be paid by the depository, shall be guilty
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1 of a deceptive practice in violation of Section 17-1 of the
2 Criminal Code of 1961, as amended.
3 A prosecution for any Act in violation of this Section
4 may be commenced at any time within 3 years of the commission
5 of that Act.
6 This Section does not apply if the violation in a
7 particular case also constitutes a criminal violation of the
8 Retailers' Occupation Tax Act, the Use Tax Act or the Service
9 Occupation Tax Act.
10 (Source: P.A. 88-480; revised 12-18-97.)
11 Section 43. The Property Tax Code is amended by changing
12 Sections 14-15, 15-35, 15-172, 15-175, 15-180, 18-165,
13 18-185, 19-60, 20-160, 21-260, 21-315, and 22-90 as follows:
14 (35 ILCS 200/14-15)
15 Sec. 14-15. Certificate of error; counties of 3,000,000
16 or more.
17 (a) In counties with 3,000,000 or more inhabitants, if,
18 at any time before judgment is rendered in any proceeding to
19 collect or to enjoin the collection of taxes based upon any
20 assessment of any property belonging to any taxpayer, the
21 county assessor discovers an error or mistake in the
22 assessment, the assessor shall execute a certificate setting
23 forth the nature and cause of the error. The certificate
24 when endorsed by the county assessor, or when endorsed by the
25 county assessor and board of appeals (until the first Monday
26 in December 1998 and the board of review beginning the first
27 Monday in December 1998 and thereafter) where the certificate
28 is executed for any assessment which was the subject of a
29 complaint filed in the board of appeals (until the first
30 Monday in December 1998 and the board of review beginning the
31 first Monday in December 1998 and thereafter) for the tax
32 year for which the certificate is issued, may be received in
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1 evidence in any court of competent jurisdiction. When so
2 introduced in evidence such certificate shall become a part
3 of the court records, and shall not be removed from the files
4 except upon the order of the court.
5 A certificate executed under this Section may be issued
6 to the person erroneously assessed. A certificate executed
7 under this Section or a list of the parcels for which
8 certificates have been issued may be presented by the
9 assessor to the court as an objection in the application for
10 judgment and order of sale for the year in relation to which
11 the certificate is made. The State's Attorney of the county
12 in which the property is situated shall mail a copy of any
13 final judgment entered by the court regarding the certificate
14 to the taxpayer of record for the year in question.
15 Any unpaid taxes after the entry of the final judgment by
16 the court on certificates issued under this Section may be
17 included in a special tax sale, provided that an
18 advertisement is published and a notice is mailed to the
19 person in whose name the taxes were last assessed, in a form
20 and manner substantially similar to the advertisement and
21 notice required under Sections 21-110 and 21-135. The
22 advertisement and sale shall be subject to all provisions of
23 law regulating the annual advertisement and sale of
24 delinquent property, to the extent that those provisions may
25 be made applicable.
26 A certificate of error executed under this Section
27 allowing homestead exemptions under Sections 15-170, 15-172,
28 and 15-175 of this Act (formerly Sections 19.23-1 and
29 19.23-1a of the Revenue Act of 1939) not previously allowed
30 shall be given effect by the county treasurer, who shall mark
31 the tax books and, upon receipt of the following certificate
32 from the county assessor, shall issue refunds to the taxpayer
33 accordingly:
34 "CERTIFICATION
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1 I, .................., county assessor, hereby certify
2 that the Certificates of Error set out on the attached
3 list have been duly issued to allow homestead exemptions
4 pursuant to Sections 15-170, 15-172, and 15-175 of the
5 Property Tax Code (formerly Sections 19.23-1 and 19.23-1a
6 of the Revenue Act of 1939) which should have been
7 previously allowed; and that a certified copy of the
8 attached list and this certification have been served
9 upon the county State's Attorney."
10 The county treasurer has the power to mark the tax books
11 to reflect the issuance of homestead certificates of error
12 issued to and including 3 years after the date on which the
13 annual judgment and order of sale for that tax year was first
14 entered. The county treasurer has the power to issue refunds
15 to the taxpayer as set forth above until all refunds
16 authorized by this Section have been completed.
17 The county treasurer has no power to issue refunds to the
18 taxpayer as set forth above unless the Certification set out
19 in this Section has been served upon the county State's
20 Attorney.
21 (b) Nothing in subsection (a) of this Section shall be
22 construed to prohibit the execution, endorsement, issuance,
23 and adjudication of a certificate of error if (i) the annual
24 judgment and order of sale for the tax year in question is
25 reopened for further proceedings upon consent of the county
26 collector and county assessor, represented by the State's
27 Attorney, and (ii) a new final judgment is subsequently
28 entered pursuant to the certificate. This subsection (b)
29 shall be construed as declarative of existing law and not as
30 a new enactment.
31 (c) No certificate of error, other than a certificate to
32 establish an exemption under Section 14-25, shall be executed
33 for any tax year more than 3 years after the date on which
34 the annual judgment and order of sale for that tax year was
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1 first entered.
2 (d) The time limitation of subsection (c) shall not
3 apply to a certificate of error correcting an assessment to
4 $1, under Section 10-35, on a parcel that a subdivision or
5 planned development has acquired by adverse possession, if
6 during the tax year for which the certificate is executed the
7 subdivision or planned development used the parcel as common
8 area, as defined in Section 10-35, and if application for the
9 certificate of error is made prior to December 1, 31, 1997.
10 (Source: P.A. 89-126, eff. 7-11-95; 89-671, eff. 8-14-96;
11 90-4, eff. 3-7-97; 90-288, eff. 8-1-97; revised 10-21-97.)
12 (35 ILCS 200/15-35)
13 Sec. 15-35. Schools. All property donated by the United
14 States for school purposes, and all property of schools, not
15 sold or leased or otherwise used with a view to profit, is
16 exempt, whether owned by a resident or non-resident of this
17 State or by a corporation incorporated in any state of the
18 United States. Also exempt is:
19 (a) property of schools which is leased to a
20 municipality to be used for municipal purposes on a
21 not-for-profit basis;,
22 (b) property of schools on which the schools are
23 located and any other property of schools used by the
24 schools exclusively for school purposes, including, but
25 not limited to, student residence halls, dormitories and
26 other housing facilities for students and their spouses
27 and children, staff housing facilities, and school-owned
28 and operated dormitory or residence halls occupied in
29 whole or in part by students who belong to fraternities,
30 sororities, or other campus organizations;.
31 (c) property donated, granted, received or used for
32 public school, college, theological seminary, university,
33 or other educational purposes, whether held in trust or
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1 absolutely; and,
2 (d) in counties with more than 200,000 inhabitants
3 which classify property, property (including interests in
4 land and other facilities) on or adjacent to (even if
5 separated by a public street, alley, sidewalk, parkway or
6 other public way) the grounds of a school, if that
7 property is used by an academic, research or professional
8 society, institute, association or organization which
9 serves the advancement of learning in a field or fields
10 of study taught by the school and which property is not
11 used with a view to profit.
12 (Source: P.A. 83-1226; 88-455; revised 3-31-97.)
13 (35 ILCS 200/15-172)
14 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
15 Exemption.
16 (a) This Section may be cited as the Senior Citizens
17 Assessment Freeze Homestead Exemption.
18 (b) As used in this Section:
19 "Applicant" means an individual who has filed an
20 application under this Section.
21 "Base amount" means the base year equalized assessed
22 value of the residence plus the first year's equalized
23 assessed value of any added improvements which increased the
24 assessed value of the residence after the base year.
25 "Base year" means the taxable year prior to the taxable
26 year for which the applicant first qualifies and applies for
27 the exemption provided that in the prior taxable year the
28 property was improved with a permanent structure that was
29 occupied as a residence by the applicant who was liable for
30 paying real property taxes on the property and who was either
31 (i) an owner of record of the property or had legal or
32 equitable interest in the property as evidenced by a written
33 instrument or (ii) had a legal or equitable interest as a
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1 lessee in the parcel of property that was single family
2 residence.
3 "Chief County Assessment Officer" means the County
4 Assessor or Supervisor of Assessments of the county in which
5 the property is located.
6 "Equalized assessed value" means the assessed value as
7 equalized by the Illinois Department of Revenue.
8 "Household" means the applicant, the spouse of the
9 applicant, and all persons using the residence of the
10 applicant as their principal place of residence.
11 "Household income" means the combined income of the
12 members of a household for the calendar year preceding the
13 taxable year.
14 "Income" has the same meaning as provided in Section 3.07
15 of the Senior Citizens and Disabled Persons Property Tax
16 Relief and Pharmaceutical Assistance Act.
17 "Internal Revenue Code of 1986" means the United States
18 Internal Revenue Code of 1986 or any successor law or laws
19 relating to federal income taxes in effect for the year
20 preceding the taxable year.
21 "Life care facility that qualifies as a cooperative"
22 means a facility as defined in Section 2 of the Life Care
23 Facilities Act.
24 "Residence" means the principal dwelling place and
25 appurtenant structures used for residential purposes in this
26 State occupied on January 1 of the taxable year by a
27 household and so much of the surrounding land, constituting
28 the parcel upon which the dwelling place is situated, as is
29 used for residential purposes. If the Chief County Assessment
30 Officer has established a specific legal description for a
31 portion of property constituting the residence, then that
32 portion of property shall be deemed the residence for the
33 purposes of this Section.
34 "Taxable year" means the calendar year during which ad
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1 valorem property taxes payable in the next succeeding year
2 are levied.
3 (c) Beginning in taxable year 1994, a senior citizens
4 assessment freeze homestead exemption is granted for real
5 property that is improved with a permanent structure that is
6 occupied as a residence by an applicant who (i) is 65 years
7 of age or older during the taxable year, (ii) has a household
8 income of $35,000 or less, (iii) is liable for paying real
9 property taxes on the property, and (iv) is an owner of
10 record of the property or has a legal or equitable interest
11 in the property as evidenced by a written instrument. This
12 homestead exemption shall also apply to a leasehold interest
13 in a parcel of property improved with a permanent structure
14 that is a single family residence that is occupied as a
15 residence by a person who (i) is 65 years of age or older
16 during the taxable year, (ii) has a household income of
17 $35,000 or less, (iii) has a legal or equitable ownership
18 interest in the property as lessee, and (iv) is liable for
19 the payment of real property taxes on that property.
20 The amount of this exemption shall be the equalized
21 assessed value of the residence in the taxable year for which
22 application is made minus the base amount.
23 When the applicant is a surviving spouse of an applicant
24 for a prior year for the same residence for which an
25 exemption under this Section has been granted, the base year
26 and base amount for that residence are the same as for the
27 applicant for the prior year.
28 Each year at the time the assessment books are certified
29 to the County Clerk, the Board of Review or Board of Appeals
30 shall give to the County Clerk a list of the assessed values
31 of improvements on each parcel qualifying for this exemption
32 that were added after the base year for this parcel and that
33 increased the assessed value of the property.
34 In the case of land improved with an apartment building
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1 owned and operated as a cooperative or a building that is a
2 life care facility that qualifies as a cooperative, the
3 maximum reduction from the equalized assessed value of the
4 property is limited to the sum of the reductions calculated
5 for each unit occupied as a residence by a person or persons
6 65 years of age or older with a household income of $35,000
7 or less who is liable, by contract with the owner or owners
8 of record, for paying real property taxes on the property and
9 who is an owner of record of a legal or equitable interest in
10 the cooperative apartment building, other than a leasehold
11 interest. In the instance of a cooperative where a homestead
12 exemption has been granted under this Section, the
13 cooperative association or its management firm shall credit
14 the savings resulting from that exemption only to the
15 apportioned tax liability of the owner who qualified for the
16 exemption. Any person who willfully refuses to credit that
17 savings to an owner who qualifies for the exemption is guilty
18 of a Class B misdemeanor.
19 When a homestead exemption has been granted under this
20 Section and an applicant then becomes a resident of a
21 facility licensed under the Nursing Home Care Act, the
22 exemption shall be granted in subsequent years so long as the
23 residence (i) continues to be occupied by the qualified
24 applicant's spouse or (ii) if remaining unoccupied, is still
25 owned by the qualified applicant for the homestead exemption.
26 Beginning January 1, 1997, when an individual dies who
27 would have qualified for an exemption under this Section, and
28 the surviving spouse does not independently qualify for this
29 exemption because of age, the exemption under this Section
30 shall be granted to the surviving spouse for the taxable year
31 preceding and the taxable year of the death, provided that,
32 except for age, the surviving spouse meets all other
33 qualifications for the granting of this exemption for those
34 years.
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1 When married persons maintain separate residences, the
2 exemption provided for in this Section may be claimed by only
3 one of such persons and for only one residence.
4 For taxable year 1994 only, in counties having less than
5 3,000,000 inhabitants, to receive the exemption, a person
6 shall submit an application by February 15, 1995 to the Chief
7 County Assessment Officer of the county in which the property
8 is located. In counties having 3,000,000 or more
9 inhabitants, for taxable year 1994 and all subsequent taxable
10 years, to receive the exemption, a person may submit an
11 application to the Chief County Assessment Officer of the
12 county in which the property is located during such period as
13 may be specified by the Chief County Assessment Officer. The
14 Chief County Assessment Officer in counties of 3,000,000 or
15 more inhabitants shall annually give notice of the
16 application period by mail or by publication. In counties
17 having less than 3,000,000 inhabitants, beginning with
18 taxable year 1995 and thereafter, to receive the exemption, a
19 person shall submit an application by July 1 of each taxable
20 year to the Chief County Assessment Officer of the county in
21 which the property is located. A county may, by ordinance,
22 establish a date for submission of applications that is
23 different than July 1. The applicant shall submit with the
24 application an affidavit of the applicant's total household
25 income, age, marital status (and if married the name and
26 address of the applicant's spouse, if known), and principal
27 dwelling place of members of the household on January 1 of
28 the taxable year. The Department shall establish, by rule, a
29 method for verifying the accuracy of affidavits filed by
30 applicants under this Section. The applications shall be
31 clearly marked as applications for the Senior Citizens
32 Assessment Freeze Homestead Exemption.
33 Notwithstanding any other provision to the contrary, in
34 counties having fewer than 3,000,000 inhabitants, if an
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1 applicant fails to file the application required by this
2 Section in a timely manner and this failure to file is due to
3 a mental or physical condition sufficiently severe so as to
4 render the applicant incapable of filing the application in a
5 timely manner, the Chief County Assessment Officer may extend
6 the filing deadline for a period of 30 days after the
7 applicant regains the capability to file the application, but
8 in no case may the filing deadline be extended beyond 3
9 months of the original filing deadline. In order to receive
10 the extension provided in this paragraph, the applicant shall
11 provide the Chief County Assessment Officer with a signed
12 statement from the applicant's physician stating the nature
13 and extent of the condition, that, in the physician's
14 opinion, the condition was so severe that it rendered the
15 applicant incapable of filing the application in a timely
16 manner, and the date on which the applicant regained the
17 capability to file the application.
18 Beginning January 1, 1998, notwithstanding any other
19 provision to the contrary, in counties having fewer than
20 3,000,000 inhabitants, if an applicant fails to file the
21 application required by this Section in a timely manner and
22 this failure to file is due to a mental or physical condition
23 sufficiently severe so as to render the applicant incapable
24 of filing the application in a timely manner, the Chief
25 County Assessment Officer may extend the filing deadline for
26 a period of 3 months. In order to receive the extension
27 provided in this paragraph, the applicant shall provide the
28 Chief County Assessment Officer with a signed statement from
29 the applicant's physician stating the nature and extent of
30 the condition, and that, in the physician's opinion, the
31 condition was so severe that it rendered the applicant
32 incapable of filing the application in a timely manner.
33 In counties having less than 3,000,000 inhabitants, if an
34 applicant was denied an exemption in taxable year 1994 and
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1 the denial occurred due to an error on the part of an
2 assessment official, or his or her agent or employee, then
3 beginning in taxable year 1997 the applicant's base year, for
4 purposes of determining the amount of the exemption, shall be
5 1993 rather than 1994. In addition, in taxable year 1997, the
6 applicant's exemption shall also include an amount equal to
7 (i) the amount of any exemption denied to the applicant in
8 taxable year 1995 as a result of using 1994, rather than
9 1993, as the base year, (ii) the amount of any exemption
10 denied to the applicant in taxable year 1996 as a result of
11 using 1994, rather than 1993, as the base year, and (iii) the
12 amount of the exemption erroneously denied for taxable year
13 1994.
14 For purposes of this Section, a person who will be 65
15 years of age during the current taxable year shall be
16 eligible to apply for the homestead exemption during that
17 taxable year. Application shall be made during the
18 application period in effect for the county of his or her
19 residence.
20 The Chief County Assessment Officer may determine the
21 eligibility of a life care facility that qualifies as a
22 cooperative to receive the benefits provided by this Section
23 by use of an affidavit, application, visual inspection,
24 questionnaire, or other reasonable method in order to insure
25 that the tax savings resulting from the exemption are
26 credited by the management firm to the apportioned tax
27 liability of each qualifying resident. The Chief County
28 Assessment Officer may request reasonable proof that the
29 management firm has so credited that exemption.
30 Except as provided in this Section, all information
31 received by the chief county assessment officer or the
32 Department from applications filed under this Section, or
33 from any investigation conducted under the provisions of this
34 Section, shall be confidential, except for official purposes
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1 or pursuant to official procedures for collection of any
2 State or local tax or enforcement of any civil or criminal
3 penalty or sanction imposed by this Act or by any statute or
4 ordinance imposing a State or local tax. Any person who
5 divulges any such information in any manner, except in
6 accordance with a proper judicial order, is guilty of a Class
7 A misdemeanor.
8 Nothing contained in this Section shall prevent the
9 Director or chief county assessment officer from publishing
10 or making available reasonable statistics concerning the
11 operation of the exemption contained in this Section in which
12 the contents of claims are grouped into aggregates in such a
13 way that information contained in any individual claim shall
14 not be disclosed.
15 (d) Each Chief County Assessment Officer shall annually
16 publish a notice of availability of the exemption provided
17 under this Section. The notice shall be published at least
18 60 days but no more than 75 days prior to the date on which
19 the application must be submitted to the Chief County
20 Assessment Officer of the county in which the property is
21 located. The notice shall appear in a newspaper of general
22 circulation in the county.
23 (Source: P.A. 89-62, eff. 1-1-96; 89-426, eff. 6-1-96;
24 89-557, eff. 1-1-97; 89-581, eff. 1-1-97; 89-626, eff.
25 8-9-96; 90-14, eff. 7-1-97; 90-204, eff. 7-25-97; 90-523,
26 eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98;
27 revised 12-23-97.)
28 (35 ILCS 200/15-175)
29 Sec. 15-175. General homestead exemption. Homestead
30 property is entitled to an annual homestead exemption
31 limited, except as described here with relation to
32 cooperatives, to a reduction in the equalized assessed value
33 of homestead property equal to the increase in equalized
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1 assessed value for the current assessment year above the
2 equalized assessed value of the property for 1977, up to the
3 maximum reduction set forth below. If however, the 1977
4 equalized assessed value upon which taxes were paid is
5 subsequently determined by local assessing officials, the
6 Property Tax Appeal Board, or a court to have been excessive,
7 the equalized assessed value which should have been placed on
8 the property for 1977 shall be used to determine the amount
9 of the exemption.
10 The maximum reduction shall be $4,500 in counties with
11 3,000,000 or more inhabitants and $3,500 in all other
12 counties.
13 In counties with fewer than 3,000,000 inhabitants, if,
14 based on the most recent assessment, the equalized assessed
15 value of the homestead property for the current assessment
16 year is greater than the equalized assessed value of the
17 property for 1977, the owner of the property shall
18 automatically receive the exemption granted under this
19 Section in an amount equal to the increase over the 1977
20 assessment up to the maximum reduction set forth in this
21 Section.
22 "Homestead property" under this Section includes
23 residential property that is occupied by its owner or owners
24 as his or their principal dwelling place, or that is a
25 leasehold interest on which a single family residence is
26 situated, which is occupied as a residence by a person who
27 has an ownership interest therein, legal or equitable or as a
28 lessee, and on which the person is liable for the payment of
29 property taxes. For land improved with an apartment building
30 owned and operated as a cooperative or a building which is a
31 life care facility as defined in Section 15-170 and
32 considered to be a cooperative under Section 15-170, the
33 maximum reduction from the equalized assessed value shall be
34 limited to the increase in the value above the equalized
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1 assessed value of the property for 1977, up to the maximum
2 reduction set forth above, multiplied by the number of
3 apartments or units occupied by a person or persons who is
4 liable, by contract with the owner or owners of record, for
5 paying property taxes on the property and is an owner of
6 record of a legal or equitable interest in the cooperative
7 apartment building, other than a leasehold interest. For
8 purposes of this Section, the term "life care facility" has
9 the meaning stated in Section 15-170.
10 In a cooperative where a homestead exemption has been
11 granted, the cooperative association or its management firm
12 shall credit the savings resulting from that exemption only
13 to the apportioned tax liability of the owner who qualified
14 for the exemption. Any person who willfully refuses to so
15 credit the savings shall be guilty of a Class B misdemeanor.
16 Where married persons maintain and reside in separate
17 residences qualifying as homestead property, each residence
18 shall receive 50% of the total reduction in equalized
19 assessed valuation provided by this Section.
20 In counties with more than 3,000,000 inhabitants, the
21 assessor, or chief county assessment officer may determine
22 the eligibility of residential property to receive the
23 homestead exemption by application, visual inspection,
24 questionnaire or other reasonable methods. The determination
25 shall be made in accordance with guidelines established by
26 the Department. In counties with fewer than 3,000,000
27 inhabitants, in the event of a sale of homestead property the
28 homestead exemption shall remain in effect for the remainder
29 of the assessment year of the sale. The assessor or chief
30 county assessment officer may require the new owner of the
31 property to apply for the homestead exemption for the
32 following assessment year.
33 (Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97;
34 revised 1-6-98.)
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1 (35 ILCS 200/15-180)
2 Sec. 15-180. Homestead improvements. Homestead
3 properties that have been improved and residential structures
4 on homestead property that have been rebuilt following a
5 catastrophic event are entitled to a homestead improvement
6 exemption, limited to $30,000 per year through December 31,
7 1997, and $45,000 beginning January 1, 1998 and thereafter,
8 in fair cash value, when that property is owned and used
9 exclusively for a residential purpose and upon demonstration
10 that a proposed increase in assessed value is attributable
11 solely to a new improvement of an existing structure or the
12 rebuilding of a residential structure following a
13 catastrophic event. To be eligible for an exemption under
14 this Section after a catastrophic event, the residential
15 structure must be rebuilt within 2 years after the
16 catastrophic event. The exemption for rebuilt structures
17 under this Section applies to the increase in value of the
18 rebuilt structure over the value of the structure before the
19 catastrophic event. The amount of the exemption shall be
20 limited to the fair cash value added by the new improvement
21 or rebuilding and shall continue for 4 years from the date
22 the improvement or rebuilding is completed and occupied, or
23 until the next following general assessment of that property,
24 whichever is later.
25 A proclamation of disaster by the President of the United
26 States or Governor of the State of Illinois is not a
27 prerequisite to the classification of an occurrence as a
28 catastrophic event under this Section. A "catastrophic
29 event" may include an occurrence of widespread or severe
30 damage or loss of property resulting from any catastrophic
31 cause including but not limited to fire, including arson
32 (provided the fire was not caused by the willful action of an
33 owner or resident of the property), flood, earthquake, wind,
34 storm, explosion, or extended periods of severe inclement
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1 weather. In the case of a residential structure affected by
2 flooding, the structure shall not be eligible for this
3 homestead improvement exemption unless it is located within a
4 local jurisdiction which is participating in the National
5 Flood Insurance Program.
6 In counties of less than 3,000,000 inhabitants, in
7 addition to the notice requirement under Section 12-30, a
8 supervisor of assessments, county assessor, or township or
9 multi-township assessor responsible for adding an assessable
10 improvement to a residential property's assessment shall
11 either notify a taxpayer whose assessment has been changed
12 since the last preceding assessment that he or she may be
13 eligible for the exemption provided under this Section or
14 shall grant the exemption automatically.
15 (Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
16 6-1-97; 90-14, eff. 7-1-97; 90-186, eff. 7-24-97; revised
17 10-15-97)
18 (35 ILCS 200/18-165)
19 Sec. 18-165. Abatement of taxes.
20 (a) Any taxing district, upon a majority vote of its
21 governing authority, may, after the determination of the
22 assessed valuation of its property, order the clerk of that
23 county to abate any portion of its taxes on the following
24 types of property:
25 (1) Commercial and industrial.
26 (A) The property of any commercial or
27 industrial firm, including but not limited to the
28 property of any firm that is used for collecting,
29 separating, storing, or processing recyclable
30 materials, locating within the taxing district
31 during the immediately preceding year from another
32 state, territory, or country, or having been newly
33 created within this State during the immediately
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1 preceding year, or expanding an existing facility.
2 The abatement shall not exceed a period of 10 years
3 and the aggregate amount of abated taxes for all
4 taxing districts combined shall not exceed
5 $4,000,000; or
6 (B) The property of any commercial or
7 industrial development of at least 500 acres having
8 been created within the taxing district. The
9 abatement shall not exceed a period of 20 years and
10 the aggregate amount of abated taxes for all taxing
11 districts combined shall not exceed $12,000,000.
12 (C) The property of any commercial or
13 industrial firm currently located in the taxing
14 district that expands a facility or its number of
15 employees. The abatement shall not exceed a period
16 of 10 years and the aggregate amount of abated taxes
17 for all taxing districts combined shall not exceed
18 $4,000,000. The abatement period may be renewed at
19 the option of the taxing districts.
20 (2) Horse racing. Any property in the taxing
21 district which is used for the racing of horses and upon
22 which capital improvements consisting of expansion,
23 improvement or replacement of existing facilities have
24 been made since July 1, 1987. The combined abatements
25 for such property from all taxing districts in any county
26 shall not exceed $5,000,000 annually and shall not exceed
27 a period of 10 years.
28 (3) Auto racing. Any property designed exclusively
29 for the racing of motor vehicles. Such abatement shall
30 not exceed a period of 10 years.
31 (4) Academic or research institute. The property
32 of any academic or research institute in the taxing
33 district that (i) is an exempt organization under
34 paragraph (3) of Section 501(c) of the Internal Revenue
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1 Code, (ii) operates for the benefit of the public by
2 actually and exclusively performing scientific research
3 and making the results of the research available to the
4 interested public on a non-discriminatory basis, and
5 (iii) employs more than 100 employees. An abatement
6 granted under this paragraph shall be for at least 15
7 years and the aggregate amount of abated taxes for all
8 taxing districts combined shall not exceed $5,000,000.
9 (b) Upon a majority vote of its governing authority, any
10 municipality may, after the determination of the assessed
11 valuation of its property, order the county clerk to abate
12 any portion of its taxes on any property that is located
13 within the corporate limits of the municipality in accordance
14 with Section 8-3-18 of the Illinois Municipal Code.
15 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
16 90-415, eff. 8-15-97; revised 10-30-97.)
17 (35 ILCS 200/18-185)
18 Sec. 18-185. Short title; definitions. This Section and
19 Sections 18-190 through 18-245 may be cited as the Property
20 Tax Extension Limitation Law. As used in Sections 18-190
21 through 18-245:
22 "Consumer Price Index" means the Consumer Price Index for
23 All Urban Consumers for all items published by the United
24 States Department of Labor.
25 "Extension limitation" means (a) the lesser of 5% or the
26 percentage increase in the Consumer Price Index during the
27 12-month calendar year preceding the levy year or (b) the
28 rate of increase approved by voters under Section 18-205.
29 "Affected county" means a county of 3,000,000 or more
30 inhabitants or a county contiguous to a county of 3,000,000
31 or more inhabitants.
32 "Taxing district" has the same meaning provided in
33 Section 1-150, except as otherwise provided in this Section.
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1 For the 1991 through 1994 levy years only, "taxing district"
2 includes only each non-home rule taxing district having the
3 majority of its 1990 equalized assessed value within any
4 county or counties contiguous to a county with 3,000,000 or
5 more inhabitants. Beginning with the 1995 levy year, "taxing
6 district" includes only each non-home rule taxing district
7 subject to this Law before the 1995 levy year and each
8 non-home rule taxing district not subject to this Law before
9 the 1995 levy year having the majority of its 1994 equalized
10 assessed value in an affected county or counties. Beginning
11 with the levy year in which this Law becomes applicable to a
12 taxing district as provided in Section 18-213, "taxing
13 district" also includes those taxing districts made subject
14 to this Law as provided in Section 18-213.
15 "Aggregate extension" for taxing districts to which this
16 Law applied before the 1995 levy year means the annual
17 corporate extension for the taxing district and those special
18 purpose extensions that are made annually for the taxing
19 district, excluding special purpose extensions: (a) made for
20 the taxing district to pay interest or principal on general
21 obligation bonds that were approved by referendum; (b) made
22 for any taxing district to pay interest or principal on
23 general obligation bonds issued before October 1, 1991; (c)
24 made for any taxing district to pay interest or principal on
25 bonds issued to refund or continue to refund those bonds
26 issued before October 1, 1991; (d) made for any taxing
27 district to pay interest or principal on bonds issued to
28 refund or continue to refund bonds issued after October 1,
29 1991 that were approved by referendum; (e) made for any
30 taxing district to pay interest or principal on revenue bonds
31 issued before October 1, 1991 for payment of which a property
32 tax levy or the full faith and credit of the unit of local
33 government is pledged; however, a tax for the payment of
34 interest or principal on those bonds shall be made only after
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1 the governing body of the unit of local government finds that
2 all other sources for payment are insufficient to make those
3 payments; (f) made for payments under a building commission
4 lease when the lease payments are for the retirement of bonds
5 issued by the commission before October 1, 1991, to pay for
6 the building project; (g) made for payments due under
7 installment contracts entered into before October 1, 1991;
8 (h) made for payments of principal and interest on bonds
9 issued under the Metropolitan Water Reclamation District Act
10 to finance construction projects initiated before October 1,
11 1991; (i) made for payments of principal and interest on
12 limited bonds, as defined in Section 3 of the Local
13 Government Debt Reform Act, in an amount not to exceed the
14 debt service extension base less the amount in items (b),
15 (c), (e), and (h) of this definition for non-referendum
16 obligations, except obligations initially issued pursuant to
17 referendum; (j) made for payments of principal and interest
18 on bonds issued under Section 15 of the Local Government Debt
19 Reform Act; and (k) made by a school district that
20 participates in the Special Education District of Lake
21 County, created by special education joint agreement under
22 Section 10-22.31 of the School Code, for payment of the
23 school district's share of the amounts required to be
24 contributed by the Special Education District of Lake County
25 to the Illinois Municipal Retirement Fund under Article 7 of
26 the Illinois Pension Code; the amount of any extension under
27 this item (k) shall be certified by the school district to
28 the county clerk.
29 "Aggregate extension" for the taxing districts to which
30 this Law did not apply before the 1995 levy year (except
31 taxing districts subject to this Law in accordance with
32 Section 18-213) means the annual corporate extension for the
33 taxing district and those special purpose extensions that are
34 made annually for the taxing district, excluding special
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1 purpose extensions: (a) made for the taxing district to pay
2 interest or principal on general obligation bonds that were
3 approved by referendum; (b) made for any taxing district to
4 pay interest or principal on general obligation bonds issued
5 before March 1, 1995; (c) made for any taxing district to pay
6 interest or principal on bonds issued to refund or continue
7 to refund those bonds issued before March 1, 1995; (d) made
8 for any taxing district to pay interest or principal on bonds
9 issued to refund or continue to refund bonds issued after
10 March 1, 1995 that were approved by referendum; (e) made for
11 any taxing district to pay interest or principal on revenue
12 bonds issued before March 1, 1995 for payment of which a
13 property tax levy or the full faith and credit of the unit of
14 local government is pledged; however, a tax for the payment
15 of interest or principal on those bonds shall be made only
16 after the governing body of the unit of local government
17 finds that all other sources for payment are insufficient to
18 make those payments; (f) made for payments under a building
19 commission lease when the lease payments are for the
20 retirement of bonds issued by the commission before March 1,
21 1995 to pay for the building project; (g) made for payments
22 due under installment contracts entered into before March 1,
23 1995; (h) made for payments of principal and interest on
24 bonds issued under the Metropolitan Water Reclamation
25 District Act to finance construction projects initiated
26 before October 1, 1991; (i) made for payments of principal
27 and interest on limited bonds, as defined in Section 3 of the
28 Local Government Debt Reform Act, in an amount not to exceed
29 the debt service extension base less the amount in items (b),
30 (c), and (e) of this definition for non-referendum
31 obligations, except obligations initially issued pursuant to
32 referendum and bonds described in subsection (h) of this
33 definition; (j) made for payments of principal and interest
34 on bonds issued under Section 15 of the Local Government Debt
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1 Reform Act; (k) made for payments of principal and interest
2 on bonds authorized by Public Act 88-503 and issued under
3 Section 20a of the Chicago Park District Act for aquarium or
4 museum projects; and (l) made for payments of principal and
5 interest on bonds authorized by Public Act 87-1191 and issued
6 under Section 42 of the Cook County Forest Preserve District
7 Act for zoological park projects.
8 "Aggregate extension" for all taxing districts to which
9 this Law applies in accordance with Section 18-213, except
10 for those taxing districts subject to paragraph (2) of
11 subsection (e) of Section 18-213, means the annual corporate
12 extension for the taxing district and those special purpose
13 extensions that are made annually for the taxing district,
14 excluding special purpose extensions: (a) made for the taxing
15 district to pay interest or principal on general obligation
16 bonds that were approved by referendum; (b) made for any
17 taxing district to pay interest or principal on general
18 obligation bonds issued before the date on which the
19 referendum making this Law applicable to the taxing district
20 is held; (c) made for any taxing district to pay interest or
21 principal on bonds issued to refund or continue to refund
22 those bonds issued before the date on which the referendum
23 making this Law applicable to the taxing district is held;
24 (d) made for any taxing district to pay interest or principal
25 on bonds issued to refund or continue to refund bonds issued
26 after the date on which the referendum making this Law
27 applicable to the taxing district is held if the bonds were
28 approved by referendum after the date on which the referendum
29 making this Law applicable to the taxing district is held;
30 (e) made for any taxing district to pay interest or principal
31 on revenue bonds issued before the date on which the
32 referendum making this Law applicable to the taxing district
33 is held for payment of which a property tax levy or the full
34 faith and credit of the unit of local government is pledged;
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1 however, a tax for the payment of interest or principal on
2 those bonds shall be made only after the governing body of
3 the unit of local government finds that all other sources for
4 payment are insufficient to make those payments; (f) made for
5 payments under a building commission lease when the lease
6 payments are for the retirement of bonds issued by the
7 commission before the date on which the referendum making
8 this Law applicable to the taxing district is held to pay for
9 the building project; (g) made for payments due under
10 installment contracts entered into before the date on which
11 the referendum making this Law applicable to the taxing
12 district is held; (h) made for payments of principal and
13 interest on limited bonds, as defined in Section 3 of the
14 Local Government Debt Reform Act, in an amount not to exceed
15 the debt service extension base less the amount in items (b),
16 (c), and (e) of this definition for non-referendum
17 obligations, except obligations initially issued pursuant to
18 referendum; (i) made for payments of principal and interest
19 on bonds issued under Section 15 of the Local Government Debt
20 Reform Act; and (j) made for a qualified airport authority to
21 pay interest or principal on general obligation bonds issued
22 for the purpose of paying obligations due under, or financing
23 airport facilities required to be acquired, constructed,
24 installed or equipped pursuant to, contracts entered into
25 before March 1, 1996 (but not including any amendments to
26 such a contract taking effect on or after that date).
27 "Aggregate extension" for all taxing districts to which
28 this Law applies in accordance with paragraph (2) of
29 subsection (e) of Section 18-213 means the annual corporate
30 extension for the taxing district and those special purpose
31 extensions that are made annually for the taxing district,
32 excluding special purpose extensions: (a) made for the taxing
33 district to pay interest or principal on general obligation
34 bonds that were approved by referendum; (b) made for any
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1 taxing district to pay interest or principal on general
2 obligation bonds issued before the effective date of this
3 amendatory Act of 1997; (c) made for any taxing district to
4 pay interest or principal on bonds issued to refund or
5 continue to refund those bonds issued before the effective
6 date of this amendatory Act of 1997; (d) made for any taxing
7 district to pay interest or principal on bonds issued to
8 refund or continue to refund bonds issued after the effective
9 date of this amendatory Act of 1997 if the bonds were
10 approved by referendum after the effective date of this
11 amendatory Act of 1997; (e) made for any taxing district to
12 pay interest or principal on revenue bonds issued before the
13 effective date of this amendatory Act of 1997 for payment of
14 which a property tax levy or the full faith and credit of the
15 unit of local government is pledged; however, a tax for the
16 payment of interest or principal on those bonds shall be made
17 only after the governing body of the unit of local government
18 finds that all other sources for payment are insufficient to
19 make those payments; (f) made for payments under a building
20 commission lease when the lease payments are for the
21 retirement of bonds issued by the commission before the
22 effective date of this amendatory Act of 1997 to pay for the
23 building project; (g) made for payments due under installment
24 contracts entered into before the effective date of this
25 amendatory Act of 1997; (h) made for payments of principal
26 and interest on limited bonds, as defined in Section 3 of the
27 Local Government Debt Reform Act, in an amount not to exceed
28 the debt service extension base less the amount in items (b),
29 (c), and (e) of this definition for non-referendum
30 obligations, except obligations initially issued pursuant to
31 referendum; (i) made for payments of principal and interest
32 on bonds issued under Section 15 of the Local Government Debt
33 Reform Act; and (j) made for a qualified airport authority to
34 pay interest or principal on general obligation bonds issued
HB1268 Enrolled -221- LRB9000999EGfg
1 for the purpose of paying obligations due under, or financing
2 airport facilities required to be acquired, constructed,
3 installed or equipped pursuant to, contracts entered into
4 before March 1, 1996 (but not including any amendments to
5 such a contract taking effect on or after that date).
6 "Debt service extension base" means an amount equal to
7 that portion of the extension for a taxing district for the
8 1994 levy year, or for those taxing districts subject to this
9 Law in accordance with Section 18-213, except for those
10 subject to paragraph (2) of subsection (e) of Section 18-213,
11 for the levy year in which the referendum making this Law
12 applicable to the taxing district is held, or for those
13 taxing districts subject to this Law in accordance with
14 paragraph (2) of subsection (e) of Section 18-213 for the
15 1996 levy year, constituting an extension for payment of
16 principal and interest on bonds issued by the taxing district
17 without referendum, but not including (i) bonds authorized by
18 Public Act 88-503 and issued under Section 20a of the Chicago
19 Park District Act for aquarium and museum projects; (ii)
20 bonds issued under Section 15 of the Local Government Debt
21 Reform Act; or (iii) refunding obligations issued to refund
22 or to continue to refund obligations initially issued
23 pursuant to referendum. The debt service extension base may
24 be established or increased as provided under Section 18-212.
25 "Special purpose extensions" include, but are not limited
26 to, extensions for levies made on an annual basis for
27 unemployment and workers' compensation, self-insurance,
28 contributions to pension plans, and extensions made pursuant
29 to Section 6-601 of the Illinois Highway Code for a road
30 district's permanent road fund whether levied annually or
31 not. The extension for a special service area is not
32 included in the aggregate extension.
33 "Aggregate extension base" means the taxing district's
34 last preceding aggregate extension as adjusted under Sections
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1 18-215 through 18-230.
2 "Levy year" has the same meaning as "year" under Section
3 1-155.
4 "New property" means (i) the assessed value, after final
5 board of review or board of appeals action, of new
6 improvements or additions to existing improvements on any
7 parcel of real property that increase the assessed value of
8 that real property during the levy year multiplied by the
9 equalization factor issued by the Department under Section
10 17-30 and (ii) the assessed value, after final board of
11 review or board of appeals action, of real property not
12 exempt from real estate taxation, which real property was
13 exempt from real estate taxation for any portion of the
14 immediately preceding levy year, multiplied by the
15 equalization factor issued by the Department under Section
16 17-30.
17 "Qualified airport authority" means an airport authority
18 organized under the Airport Authorities Act and located in a
19 county bordering on the State of Wisconsin and having a
20 population in excess of 200,000 and not greater than 500,000.
21 "Recovered tax increment value" means the amount of the
22 current year's equalized assessed value, in the first year
23 after a municipality terminates the designation of an area as
24 a redevelopment project area previously established under the
25 Tax Increment Allocation Development Act in the Illinois
26 Municipal Code, previously established under the Industrial
27 Jobs Recovery Law in the Illinois Municipal Code, or
28 previously established under the Economic Development Area
29 Tax Increment Allocation Act, of each taxable lot, block,
30 tract, or parcel of real property in the redevelopment
31 project area over and above the initial equalized assessed
32 value of each property in the redevelopment project area.
33 Except as otherwise provided in this Section, "limiting
34 rate" means a fraction the numerator of which is the last
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1 preceding aggregate extension base times an amount equal to
2 one plus the extension limitation defined in this Section and
3 the denominator of which is the current year's equalized
4 assessed value of all real property in the territory under
5 the jurisdiction of the taxing district during the prior levy
6 year. For those taxing districts that reduced their
7 aggregate extension for the last preceding levy year, the
8 highest aggregate extension in any of the last 3 preceding
9 levy years shall be used for the purpose of computing the
10 limiting rate. The denominator shall not include new
11 property. The denominator shall not include the recovered
12 tax increment value.
13 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
14 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
15 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
16 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
17 (35 ILCS 200/19-60)
18 Sec. 19-60. Bond as security for taxes collected. The
19 bond of every county or township collector shall be held to
20 be security for the payment by the collector to the, county
21 treasurer and the taxing districts and proper authorities, of
22 all taxes, special assessments which are collected or
23 received on their behalf, and of all penalties which are
24 recovered against him.
25 (Source: Laws 1939, p. 886; P.A. 88-455; revised 12-18-97.)
26 (35 ILCS 200/20-160)
27 Sec. 20-160. Office may be declared vacant. If any
28 county collector fails to account and pay over as required in
29 Sections 20-140 2-140 and 20-150, the office may be declared
30 vacant by the county board, or by any court in which suit is
31 brought on his or her official bond.
32 (Source: Laws 1939, p. 886; P.A. 88-455; revised 8-7-97.)
HB1268 Enrolled -224- LRB9000999EGfg
1 (35 ILCS 200/21-260)
2 Sec. 21-260. Collector's scavenger sale. Upon the
3 county collector's application under Section 21-145, to be
4 known as the Scavenger Sale Application, the Court shall
5 enter judgment for the general taxes, special taxes, special
6 assessments, interest, penalties and costs as are included in
7 the advertisement and appear to be due thereon after allowing
8 an opportunity to object and a hearing upon the objections as
9 provided in Section 21-175, and order those properties sold
10 by the County Collector at public sale to the highest bidder
11 for cash, notwithstanding the bid may be less than the full
12 amount of taxes, special taxes, special assessments,
13 interest, penalties and costs for which judgment has been
14 entered.
15 (a) Conducting the sale - Bidding. All properties
16 shall be offered for sale in consecutive order as they appear
17 in the delinquent list. The minimum bid for any property
18 shall be $250 or one-half of the tax if the total liability
19 is less than $500. The successful bidder shall immediately
20 pay the amount of minimum bid to the County Collector in
21 cash, by certified or cashier's check, or by money order. If
22 the bid exceeds the minimum bid, the successful bidder shall
23 pay the balance of the bid to the county collector in cash,
24 by certified or cashier's check, or by money order by the
25 close of the next business day. If the minimum bid is not
26 paid at the time of sale or if the balance is not paid by the
27 close of the next business day, then the sale is void and the
28 minimum bid, if paid, is forfeited to the county general
29 fund. In that event, the property shall be reoffered for
30 sale within 30 days of the last offering of property in
31 regular order. The collector shall make available to the
32 public a list of all properties to be included in any
33 reoffering due to the voiding of the original sale. The
34 collector is not required to serve or publish any other
HB1268 Enrolled -225- LRB9000999EGfg
1 notice of the reoffering of those properties. In the event
2 that any of the properties are not sold upon reoffering, or
3 are sold for less than the amount of the original voided
4 sale, the original bidder who failed to pay the bid amount
5 shall remain liable for the unpaid balance of the bid in an
6 action under Section 21-240. Liability shall not be reduced
7 where the bidder upon reoffering also fails to pay the bid
8 amount, and in that event both bidders shall remain liable
9 for the unpaid balance of their respective bids. A sale of
10 properties under this Section shall not be final until
11 confirmed by the court.
12 (b) Confirmation of sales. The county collector shall
13 file his or her report of sale in the court within 30 days of
14 the date of sale of each property. No notice of the county
15 collector's application to confirm the sales shall be
16 required except as prescribed by rule of the court. Upon
17 confirmation, except in cases where the sale becomes void
18 under Section 22-85, or in cases where the order of
19 confirmation is vacated by the court, a sale under this
20 Section shall extinguish the in rem lien of the general
21 taxes, special taxes and special assessments for which
22 judgment has been entered and a redemption shall not revive
23 the lien. Confirmation of the sale shall in no event affect
24 the owner's personal liability to pay the taxes, interest and
25 penalties as provided in this Code or prevent institution of
26 a proceeding under Section 21-440 to collect any amount that
27 may remain due after the sale.
28 (c) Issuance of tax sale certificates. Upon confirmation
29 of the sale the County Clerk and the County Collector shall
30 issue to the purchaser a certificate of purchase in the form
31 prescribed by Section 21-250 as near as may be. A
32 certificate of purchase shall not be issued to any person who
33 is ineligible to bid at the sale or to receive a certificate
34 of purchase under Section 21-265.
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1 (d) Scavenger Tax Judgment, Sale and Redemption Record -
2 Sale of parcels not sold. The county collector shall prepare
3 a Scavenger Tax Judgment, Sale and Redemption Record. The
4 county clerk shall write or stamp on the scavenger tax
5 judgment, sale, forfeiture and redemption record opposite the
6 description of any property offered for sale and not sold, or
7 not confirmed for any reason, the words "offered but not
8 sold". The properties which are offered for sale under this
9 Section and not sold or not confirmed shall be offered for
10 sale annually thereafter in the manner provided in this
11 Section until sold, except in the case of mineral rights,
12 which after 10 consecutive years of being offered for sale
13 under this Section and not sold or confirmed shall no longer
14 be required to be offered for sale. At any time between
15 annual sales the County Collector may advertise for sale any
16 properties subject to sale under judgments for sale
17 previously entered under this Section and not executed for
18 any reason. The advertisement and sale shall be regulated by
19 the provisions of this Code as far as applicable.
20 (e) Proceeding to tax deed. The owner of the certificate
21 of purchase shall give notice as required by Sections 22-5
22 through 22-30, and may extend the period of redemption as
23 provided by Section 21-385. At any time within 5 months prior
24 to expiration of the period of redemption from a sale under
25 this Code, the owner of a certificate of purchase may file a
26 petition and may obtain a tax deed under Sections 22-30
27 through 22-55. All proceedings for the issuance of a tax deed
28 and all tax deeds for properties sold under this Section
29 shall be subject to Sections 22-30 through 22-55. Deeds
30 issued under this Section are subject to Section 22-70. This
31 Section shall be liberally construed so to that the deeds
32 provided for in this Section convey merchantable title.
33 (f) Redemptions from scavenger sales. Redemptions may be
34 made from sales under this Section in the same manner and
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1 upon the same terms and conditions as redemptions from sales
2 made under the County Collector's annual application for
3 judgment and order of sale, except that in lieu of penalty
4 the person redeeming shall pay interest as follows if the
5 sale occurs before September 9, 1993:
6 (1) If redeemed within the first 2 months from the
7 date of the sale, 3% per month or portion thereof upon
8 the amount for which the property was sold;
9 (2) If redeemed between 2 and 6 months from the
10 date of the sale, 12% of the amount for which the
11 property was sold;
12 (3) If redeemed between 6 and 12 months from the
13 date of the sale, 24% of the amount for which the
14 property was sold;
15 (4) If redeemed between 12 and 18 months from the
16 date of the sale, 36% of the amount for which the
17 property was sold;
18 (5) If redeemed between 18 and 24 months from the
19 date of the sale, 48% of the amount for which the
20 property was sold;
21 (6) If redeemed after 24 months from the date of
22 sale, the 48% herein provided together with interest at
23 6% per year thereafter.
24 If the sale occurs on or after September 9, 1993, the
25 person redeeming shall pay interest on that part of the
26 amount for which the property was sold equal to or less than
27 the full amount of delinquent taxes, special assessments,
28 penalties, interest, and costs, included in the judgment and
29 order of sale as follows:
30 (1) If redeemed within the first 2 months from the
31 date of the sale, 3% per month upon the amount of taxes,
32 special assessments, penalties, interest, and costs due
33 for each of the first 2 months, or fraction thereof.
34 (2) If redeemed at any time between 2 and 6 months
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1 from the date of the sale, 12% of the amount of taxes,
2 special assessments, penalties, interest, and costs due.
3 (3) If redeemed at any time between 6 and 12 months
4 from the date of the sale, 24% of the amount of taxes,
5 special assessments, penalties, interest, and costs due.
6 (4) If redeemed at any time between 12 and 18
7 months from the date of the sale, 36% of the amount of
8 taxes, special assessments, penalties, interest, and
9 costs due.
10 (5) If redeemed at any time between 18 and 24
11 months from the date of the sale, 48% of the amount of
12 taxes, special assessments, penalties, interest, and
13 costs due.
14 (6) If redeemed after 24 months from the date of
15 sale, the 48% provided for the 24 months together with
16 interest at 6% per annum thereafter on the amount of
17 taxes, special assessments, penalties, interest, and
18 costs due.
19 The person redeeming shall not be required to pay any
20 interest on any part of the amount for which the property was
21 sold that exceeds the full amount of delinquent taxes,
22 special assessments, penalties, interest, and costs included
23 in the judgment and order of sale.
24 Notwithstanding any other provision of this Section,
25 except for owner-occupied single family residential units
26 which are condominium units, cooperative units or dwellings,
27 the amount required to be paid for redemption shall also
28 include an amount equal to all delinquent taxes on the
29 property which taxes were delinquent at the time of sale.
30 The delinquent taxes shall be apportioned by the county
31 collector among the taxing districts in which the property is
32 situated in accordance with law. In the event that all moneys
33 received from any sale held under this Section exceed an
34 amount equal to all delinquent taxes on the property sold,
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1 which taxes were delinquent at the time of sale, together
2 with all publication and other costs associated with the
3 sale, then, upon redemption, the County Collector and the
4 County Clerk shall apply the excess amount to the cost of
5 redemption.
6 (g) Bidding by county or other taxing districts. Any
7 taxing district may bid at a scavenger sale. The county
8 board of the county in which properties offered for sale
9 under this Section are located may bid as trustee for all
10 taxing districts having an interest in the taxes for the
11 nonpayment of which the parcels are offered. The County shall
12 apply on the bid the unpaid taxes due upon the property and
13 no cash need be paid. The County or other taxing district
14 acquiring a tax sale certificate shall take all steps
15 necessary to acquire title to the property and may manage and
16 operate the property so acquired.
17 When a county, or other taxing district within the
18 county, is a petitioner for a tax deed, no filing fee shall
19 be required on the petition. The county as a tax creditor and
20 as trustee for other tax creditors, or other taxing district
21 within the county shall not be required to allege and prove
22 that all taxes and special assessments which become due and
23 payable after the sale to the county have been paid. The
24 county shall not be required to pay the subsequently accruing
25 taxes or special assessments at any time. Upon the written
26 request of the county board or its designee, the county
27 collector shall not offer the property for sale at any tax
28 sale subsequent to the sale of the property to the county
29 under this Section. The lien of taxes and special assessments
30 which become due and payable after a sale to a county shall
31 merge in the fee title of the county, or other taxing
32 district, on the issuance of a deed. The County may sell the
33 properties so acquired, or the certificate of purchase
34 thereto, and the proceeds of the sale shall be distributed to
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1 the taxing districts in proportion to their respective
2 interests therein. The presiding officer of the county board,
3 with the advice and consent of the County Board, may appoint
4 some officer or person to attend scavenger sales and bid on
5 its behalf.
6 (h) Miscellaneous provisions. In the event that the
7 tract of land or lot sold at any such sale is not redeemed
8 within the time permitted by law and a tax deed is issued,
9 all moneys that may be received from the sale of properties
10 in excess of the delinquent taxes, together with all
11 publication and other costs associated with the sale, shall,
12 upon petition of any interested party to the court that
13 issued the tax deed, be distributed by the County Collector
14 pursuant to order of the court among the persons having legal
15 or equitable interests in the property according to the fair
16 value of their interests in the tract or lot. Section 21-415
17 does not apply to properties sold under this Section. Appeals
18 may be taken from the orders and judgments entered under this
19 Section as in other civil cases. The remedy herein provided
20 is in addition to other remedies for the collection of
21 delinquent taxes.
22 (Source: P.A. 90-514, eff. 8-22-97; revised 12-18-97.)
23 (35 ILCS 200/21-315)
24 Sec. 21-315. Interest on refund.
25 (a) In those cases which arise solely under grounds set
26 forth in Section 21-310 or 22-35, and in no other cases, the
27 court which orders a sale in error shall also award interest
28 on the refund of the amount paid for the certificate of
29 purchase, together with all costs paid by the owner of the
30 certificate of purchase or his or her assignor which were
31 posted to the tax judgment, sale, redemption and forfeiture
32 record, except as otherwise provided in this Section. Except
33 as otherwise provided in this Section, interest shall be
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1 awarded and paid at the rate of 1% per month from the date of
2 sale to the date of payment to the tax purchaser, or in an
3 amount equivalent to the penalty interest which would be
4 recovered on a redemption at the time of payment pursuant to
5 the order for sale in error, whichever is less.
6 (b) Interest on the refund to the owner of the
7 certificate of purchase shall not be paid (i) in any case in
8 which the improvements upon the property sold have been
9 substantially destroyed or rendered uninhabitable or
10 otherwise unfit for occupancy, (ii) when the sale in error is
11 made in pursuant to Section 22-35, (iii) in any case, after
12 January 1, 1990, in which the real estate contains a
13 hazardous substance, hazardous waste, or underground storage
14 tank that would require a cleanup or other removal under any
15 federal, State, or local law, ordinance or regulation, only
16 if the tax purchaser purchased the property without actual
17 knowledge of the hazardous substance, hazardous waste or
18 underground storage tank, or (iv) in any other case where the
19 court determines that the tax purchaser had actual knowledge
20 prior to the sale of the grounds on which the sale is
21 declared to be erroneous.
22 (c) When the county collector files a petition for sale
23 in error under Section 21-310 and mails a notice thereof by
24 certified or registered mail to the tax purchaser, any
25 interest otherwise payable under this Section shall cease to
26 accrue as of the date the petition is filed, unless the tax
27 purchaser agrees to an order for sale in error upon the
28 presentation of the petition to the court. Notices under
29 this subsection may be mailed to the original owner of the
30 certificate of purchase, or to the latest assignee, if known.
31 When the owner of the certificate of purchase contests the
32 collector's petition solely to determine whether the grounds
33 for sale in error are such as to support a claim for
34 interest, the court may direct that the principal amount of
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1 the refund be paid to the owner of the certificate of
2 purchase forthwith. If the court thereafter determines that a
3 claim for interest lies under this Section, it shall award
4 such interest from the date of sale to the date the principal
5 amount was paid.
6 (Source: P.A. 88-455; 88-676, eff. 12-14-94; 89-69, eff.
7 6-30-95; revised 12-18-97.)
8 (35 ILCS 200/22-90)
9 Sec. 22-90. Recording of certificate of purchase by
10 municipality. If any city, village or incorporated town,
11 interested in the collection of any special tax or
12 assessment, acquires a certificate of purchase at a tax sale,
13 it is not be required to take out a deed, but may preserve
14 its lien under the certificate of purchase, beyond the period
15 of redemption, by recording the certificate of purchase or
16 evidence thereof within 1 year from the expiration of the
17 period of redemption or extended period of redemption, in the
18 office of the recorder of the county in which the property is
19 situated, or by presenting the certificate for registration
20 in the manner provided by law, to the registrar of titles in
21 the case of property registered under the Registered Titles
22 (Torrens) Act. The recorded certificate of purchase or the
23 evidence thereof shall contain language in substantially the
24 following form:
25 STATE OF ....)
26 )SS
27 COUNTY OF ...)
28 The following described property was sold to the (here
29 place name of city, village, or incorporated town), at a
30 public sale for the nonpayment of special taxes or
31 assessments in the above stated county, on the .... day of
32 ...., 19 .., to-wit: (here place property description). The
33 sale was for the delinquent special tax or assessment (here
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1 place the special assessment warrant number and installment).
2 Unless payment or settlement is made at the office of (here
3 place proper city, village or incorporated town officer), the
4 municipality for which the above lien or liens were created
5 may at any time after expiration of the period of redemption,
6 sell and assign the certificate of purchase. Either the
7 municipality or its assignee at any time after expiration of
8 the period of redemption may file a complaint to foreclose or
9 bring an action for the amount of the special tax or
10 assessment due.
11 Dated this .... day of ...., 19...
12 ...........................
13 (Proper Officer)
14 (Source: P.A. 87-669; 88-455; revised 12-18-97.)
15 Section 44. The Motor Fuel Tax Law is amended by
16 changing Section 8 as follows:
17 (35 ILCS 505/8) (from Ch. 120, par. 424)
18 Sec. 8. Except as provided in Section 8a, all money
19 received by the Department under this Act, including payments
20 made to the Department by member jurisdictions participating
21 in the International Fuel Tax Agreement, shall be deposited
22 in a special fund in the State treasury, to be known as the
23 "Motor Fuel Tax Fund", and shall be used as follows:
24 (a) 2 1/2 cents per gallon of the tax collected on
25 special fuel under paragraph (b) of Section 2 and Section 13a
26 of this Act shall be transferred to the State Construction
27 Account Fund in the State Treasury;
28 (b) $420,000 shall be transferred each month to the
29 State Boating Act Fund to be used by the Department of
30 Natural Resources for the purposes specified in Article X of
31 the Boat Registration and Safety Act;
32 (c) $1,500,000 shall be transferred each month to the
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1 Grade Crossing Protection Fund to be used as follows: not
2 less than $6,000,000 each fiscal year shall be used for the
3 construction or reconstruction of rail highway grade
4 separation structures; beginning with fiscal year 1997 and
5 ending in fiscal year 1999, $1,500,000, and $750,000 in
6 fiscal year 2000 and each fiscal year thereafter shall be
7 transferred to the Transportation Regulatory Fund and shall
8 be accounted for as part of the rail carrier portion of such
9 funds and shall be used to pay the cost of administration of
10 the Illinois Commerce Commission's railroad safety program in
11 connection with its duties under subsection (3) of Section
12 18c-7401 of the Illinois Vehicle Code, with the remainder to
13 be used by the Department of Transportation upon order of the
14 Illinois Commerce Commission, to pay that part of the cost
15 apportioned by such Commission to the State to cover the
16 interest of the State-wide public in the use of highways,
17 roads or streets in the county highway system, township and
18 district road system or municipal street system as defined in
19 the Illinois Highway Code, as the same may from time to time
20 be amended, for separation of grades, for installation,
21 construction or reconstruction of crossing protection or
22 reconstruction, alteration, relocation including construction
23 or improvement of any existing highway necessary for access
24 to property or improvement of any grade crossing including
25 the necessary highway approaches thereto of any railroad
26 across the highway or public road, as provided for in and in
27 accordance with Section 18c-7401 of the Illinois Vehicle
28 Code. In entering orders for projects for which payments
29 from the Grade Crossing Protection Fund will be made, the
30 Commission shall account for expenditures authorized by the
31 orders on a cash rather than an accrual basis. For purposes
32 of this requirement an "accrual basis" assumes that the total
33 cost of the project is expended in the fiscal year in which
34 the order is entered, while a "cash basis" allocates the cost
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1 of the project among fiscal years as expenditures are
2 actually made;
3 (d) of the amount remaining after allocations provided
4 for in subsections (a), (b) and (c), a sufficient amount
5 shall be reserved to pay all of the following:
6 (1) the costs of the Department of Revenue in
7 administering this Act;
8 (2) the costs of the Department of Transportation
9 in performing its duties imposed by the Illinois Highway
10 Code for supervising the use of motor fuel tax funds
11 apportioned to municipalities, counties and road
12 districts;
13 (3) refunds provided for in Section 13 of this Act
14 and under the terms of the International Fuel Tax
15 Agreement referenced in Section 14a;
16 (4) from October 1, 1985 until June 30, 1994, the
17 administration of the Vehicle Emissions Inspection Law,
18 which amount shall be certified monthly by the
19 Environmental Protection Agency to the State Comptroller
20 and shall promptly be transferred by the State
21 Comptroller and Treasurer from the Motor Fuel Tax Fund to
22 the Vehicle Inspection Fund, and beginning July 1, 1994,
23 and until December 31, 2000, one-twelfth of $25,000,000
24 each month for the administration of the Vehicle
25 Emissions Inspection Law of 1995, to be transferred by
26 the State Comptroller and Treasurer from the Motor Fuel
27 Tax Fund into the Vehicle Inspection Fund;
28 (5) amounts ordered paid by the Court of Claims;
29 and
30 (6) payment of motor fuel use taxes due to member
31 jurisdictions under the terms of the International Fuel
32 Tax Agreement. The Department shall certify these
33 amounts to the Comptroller by the 15th day of each month;
34 the Comptroller shall cause orders to be drawn for such
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1 amounts, and the Treasurer shall administer those amounts
2 on or before the last day of each month;
3 (e) after allocations for the purposes set forth in
4 subsections (a), (b), (c) and (d), the remaining amount shall
5 be apportioned as follows:
6 (1) 58.4% shall be deposited as follows:
7 (A) 37% into the State Construction Account
8 Fund, and
9 (B) 63% into the Road Fund, $1,250,000 of
10 which shall be reserved each month for the
11 Department of Transportation to be used in
12 accordance with the provisions of Sections 6-901
13 through 6-906 of the Illinois Highway Code;
14 (2) 41.6% shall be transferred to the Department of
15 Transportation to be distributed as follows:
16 (A) 49.10% to the municipalities of the State,
17 (B) 16.74% to the counties of the State having
18 1,000,000 or more inhabitants,
19 (C) 18.27% to the counties of the State having
20 less than 1,000,000 inhabitants,
21 (D) 15.89% to the road districts of the State.
22 As soon as may be after the first day of each month the
23 Department of Transportation shall allot to each municipality
24 its share of the amount apportioned to the several
25 municipalities which shall be in proportion to the population
26 of such municipalities as determined by the last preceding
27 municipal census if conducted by the Federal Government or
28 Federal census. If territory is annexed to any municipality
29 subsequent to the time of the last preceding census the
30 corporate authorities of such municipality may cause a census
31 to be taken of such annexed territory and the population so
32 ascertained for such territory shall be added to the
33 population of the municipality as determined by the last
34 preceding census for the purpose of determining the allotment
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1 for that municipality. If the population of any municipality
2 was not determined by the last Federal census preceding any
3 apportionment, the apportionment to such municipality shall
4 be in accordance with any census taken by such municipality.
5 Any municipal census used in accordance with this Section
6 shall be certified to the Department of Transportation by the
7 clerk of such municipality, and the accuracy thereof shall be
8 subject to approval of the Department which may make such
9 corrections as it ascertains to be necessary.
10 As soon as may be after the first day of each month the
11 Department of Transportation shall allot to each county its
12 share of the amount apportioned to the several counties of
13 the State as herein provided. Each allotment to the several
14 counties having less than 1,000,000 inhabitants shall be in
15 proportion to the amount of motor vehicle license fees
16 received from the residents of such counties, respectively,
17 during the preceding calendar year. The Secretary of State
18 shall, on or before April 15 of each year, transmit to the
19 Department of Transportation a full and complete report
20 showing the amount of motor vehicle license fees received
21 from the residents of each county, respectively, during the
22 preceding calendar year. The Department of Transportation
23 shall, each month, use for allotment purposes the last such
24 report received from the Secretary of State.
25 As soon as may be after the first day of each month, the
26 Department of Transportation shall allot to the several
27 counties their share of the amount apportioned for the use of
28 road districts. The allotment shall be apportioned among the
29 several counties in the State in the proportion which the
30 total mileage of township or district roads in the respective
31 counties bears to the total mileage of all township and
32 district roads in the State. Funds allotted to the respective
33 counties for the use of road districts therein shall be
34 allocated to the several road districts in the county in the
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1 proportion which the total mileage of such township or
2 district roads in the respective road districts bears to the
3 total mileage of all such township or district roads in the
4 county. After July 1 of any year, no allocation shall be
5 made for any road district unless it levied a tax for road
6 and bridge purposes in an amount which will require the
7 extension of such tax against the taxable property in any
8 such road district at a rate of not less than either .08% of
9 the value thereof, based upon the assessment for the year
10 immediately prior to the year in which such tax was levied
11 and as equalized by the Department of Revenue or, in DuPage
12 County, an amount equal to or greater than $12,000 per mile
13 of road under the jurisdiction of the road district,
14 whichever is less. If any road district has levied a special
15 tax for road purposes pursuant to Sections 6-601, 6-602 and
16 6-603 of the Illinois Highway Code, and such tax was levied
17 in an amount which would require extension at a rate of not
18 less than .08% of the value of the taxable property thereof,
19 as equalized or assessed by the Department of Revenue, or, in
20 DuPage County, an amount equal to or greater than $12,000 per
21 mile of road under the jurisdiction of the road district,
22 whichever is less, such levy shall, however, be deemed a
23 proper compliance with this Section and shall qualify such
24 road district for an allotment under this Section. If a
25 township has transferred to the road and bridge fund money
26 which, when added to the amount of any tax levy of the road
27 district would be the equivalent of a tax levy requiring
28 extension at a rate of at least .08%, or, in DuPage County,
29 an amount equal to or greater than $12,000 per mile of road
30 under the jurisdiction of the road district, whichever is
31 less, such transfer, together with any such tax levy, shall
32 be deemed a proper compliance with this Section and shall
33 qualify the road district for an allotment under this
34 Section.
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1 In counties in which a property tax extension limitation
2 is imposed under the Property Tax Extension Limitation Law,
3 road districts may retain their entitlement to a motor fuel
4 tax allotment if, at the time the property tax extension
5 limitation was imposed, the road district was levying a road
6 and bridge tax at a rate sufficient to entitle it to a motor
7 fuel tax allotment and continues to levy the maximum
8 allowable amount after the imposition of the property tax
9 extension limitation. Any road district may in all
10 circumstances retain its entitlement to a motor fuel tax
11 allotment if it levied a road and bridge tax in an amount
12 that will require the extension of the tax against the
13 taxable property in the road district at a rate of not less
14 than 0.08% of the assessed value of the property, based upon
15 the assessment for the year immediately preceding the year in
16 which the tax was levied and as equalized by the Department
17 of Revenue or, in DuPage County, an amount equal to or
18 greater than $12,000 per mile of road under the jurisdiction
19 of the road district, whichever is less.
20 As used in this Section the term "road district" means
21 any road district, including a county unit road district,
22 provided for by the Illinois Highway Code; and the term
23 "township or district road" means any road in the township
24 and district road system as defined in the Illinois Highway
25 Code. For the purposes of this Section, "road district" also
26 includes park districts, forest preserve districts and
27 conservation districts organized under Illinois law and
28 "township or district road" also includes such roads as are
29 maintained by park districts, forest preserve districts and
30 conservation districts. The Department of Transportation
31 shall determine the mileage of all township and district
32 roads for the purposes of making allotments and allocations
33 of motor fuel tax funds for use in road districts.
34 Payment of motor fuel tax moneys to municipalities and
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1 counties shall be made as soon as possible after the
2 allotment is made. The treasurer of the municipality or
3 county may invest these funds until their use is required and
4 the interest earned by these investments shall be limited to
5 the same uses as the principal funds.
6 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
7 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
8 Section 45. The Cannabis and Controlled Substances Tax
9 Act is amended by changing Section 16 as follows:
10 (35 ILCS 520/16) (from Ch. 120, par. 2166)
11 Sec. 16. All assessments are Jeopardy Assessments -
12 lien.
13 (a) Assessment. An assessment for a dealer not
14 possessing valid stamps or other official indicia showing
15 that the tax has been paid shall be considered a jeopardy
16 assessment or collection, as provided by Section 1102 of the
17 Illinois Income Tax Act. The Department shall determine and
18 assess a tax and applicable penalties and interest according
19 to the best judgment and information available to the
20 Department, which amount so fixed by the Department shall be
21 prima facie correct and shall be prima facie evidence of the
22 correctness of the amount of tax due, as shown in such
23 determination. When, according to the best judgment and
24 information available to the Department with regard to all
25 real and personal property and rights to property of the
26 dealer, there is no reasonable expectation of collection of
27 the amount of tax and penalty to be assessed, the Department
28 may issue an assessment under this Section for the amount of
29 tax without penalty.
30 (b) Filing of Lien. Upon issuance of a jeopardy
31 assessment as provided by subsection (a) of this Section, the
32 Department may file a notice of jeopardy assessment lien in
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1 the office of the recorder of the county in which any
2 property of the taxpayer may be located and shall notify the
3 taxpayer of such filing.
4 (c) Protest. If the taxpayer believes that he does not
5 owe some or all of the amount for which the jeopardy
6 assessment lien against him has been filed, he may protest
7 within 20 days after being notified by the Department of the
8 filing of such jeopardy assessment lien and request a
9 hearing, whereupon the Department shall hold a hearing in
10 conformity with the provisions of Section 908 of the Illinois
11 Income Tax Act and, pursuant thereto, shall notify the
12 taxpayer of its decision as to whether or not such jeopardy
13 assessment lien will be released.
14 After the expiration of the period within which the
15 person assessed may file an action for judicial review under
16 the Administrative Review Law without such action being
17 filed, a certified copy of the final assessment or revised
18 final assessment of the Department may be filed with the
19 Circuit Court of the county in which the dealer resides, or
20 of Cook County in the case of a dealer who does not reside in
21 this State, or in the county where the violation of this Act
22 took place. The certified copy of the final assessment or
23 revised final assessment shall be accompanied by a
24 certification which recites facts that are sufficient to show
25 that the Department complied with the jurisdictional
26 requirements of the Act in arriving at its final assessment
27 or its revised final assessment and that the dealer had this
28 opportunity for an administrative hearing and for judicial
29 review, whether he availed himself or herself of either or
30 both of these opportunities or not. If the court is
31 satisfied that the Department complied with the
32 jurisdictional requirements of the Act in arriving at its
33 final assessment or its revised final assessment and that the
34 taxpayer had his opportunity for an administrative hearing
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1 and for judicial review, whether he availed himself of either
2 or both of these opportunities or not, the court shall render
3 judgment in favor of the Department and against the taxpayer
4 for the amount shown to be due by the final assessment or the
5 revised final assessment, plus any interest which may be due,
6 and such judgment shall be entered in the judgment docket of
7 the court. Such judgment shall bear the same rate of
8 interest and shall have the same effect as other judgments.
9 The judgment may be enforced, and all laws applicable to
10 sales for the enforcement of a judgment shall be applicable
11 to sales made under such judgments. The Department shall
12 file the certified copy of its assessment, as herein
13 provided, with the Circuit Court within 2 years after such
14 assessment becomes final except when the taxpayer consents in
15 writing to an extension of such filing period, and except
16 that the time limitation period on the Department's right to
17 file the certified copy of its assessment with the Circuit
18 Court shall not run during any period of time in which the
19 order of any court has the effect of enjoining or restraining
20 the Department from filing such certified copy of its
21 assessment with the Circuit Court.
22 If, when the cause of action for a proceeding in court
23 accrues against a person, he or she is out of the State, the
24 action may be commenced within the times herein limited,
25 after his or her coming into or returning to the State; and
26 if, after the cause of action accrues, he or she departs from
27 and remains out of the State, the time of his or her absence
28 from the State, the time of his or her absence is no part of
29 the time limited for the commencement of the action; but the
30 foregoing provisions concerning absence from the State shall
31 not apply to any case in which, at the time the cause of
32 action accrues, the party against whom the cause of action
33 accrues is not a resident of this State. The time within
34 which a court action is action's to be commenced by the
HB1268 Enrolled -243- LRB9000999EGfg
1 Department hereunder shall not run from the date the taxpayer
2 files a petition in bankruptcy under the Federal Bankruptcy
3 Act until 30 days after notice of termination or expiration
4 of the automatic stay imposed by the Federal Bankruptcy Act.
5 No claim shall be filed against the estate of any
6 deceased person or any person under legal disability for any
7 tax or penalty or part of either, or interest, except in the
8 manner prescribed and within the time limited by the Probate
9 Act of 1975, as amended.
10 The collection of tax or penalty or interest by any means
11 provided for herein shall not be a bar to any prosecution
12 under this Act.
13 In addition to any penalty provided for in this Act, any
14 amount of tax which is not paid when due shall bear interest
15 at the rate determined in accordance with the Uniform Penalty
16 and Interest Act, per month or fraction thereof from the date
17 when such tax becomes past due until such tax is paid or a
18 judgment therefor is obtained by the Department. If the time
19 for making or completing an audit of a taxpayer's books and
20 records is extended with the taxpayer's consent, at the
21 request of and for the convenience of the Department, beyond
22 the date on which the statute of limitations upon the
23 issuance of a notice of tax liability by the Department
24 otherwise run, no interest shall accrue during the period of
25 such extension. Interest shall be collected in the same
26 manner and as part of the tax.
27 If the Department determines that an amount of tax or
28 penalty or interest was incorrectly assessed, whether as the
29 result of a mistake of fact or an error of law, the
30 Department shall waive the amount of tax or penalty or
31 interest that accrued due to the incorrect assessment.
32 (Source: P.A. 87-205; 88-669, eff. 11-29-94; revised
33 12-18-97.)
HB1268 Enrolled -244- LRB9000999EGfg
1 Section 46. The Public Utilities Revenue Act is amended
2 by changing Section 5 as follows:
3 (35 ILCS 620/5) (from Ch. 120, par. 472)
4 Sec. 5. All of the provisions of Sections 4, (except that
5 the time limitation provisions shall run from the date when
6 the tax is due rather than from the date when gross receipts
7 are received), 5 (except that the time limitation provisions
8 on the issuance of notices of tax liability shall run from
9 the date when the tax is due rather than from the date when
10 gross receipts are received and except that, in the case of a
11 failure to file a return required by this Act, no notice of
12 tax liability shall be issued covering tax due with that
13 return more than 6 years after the original due date of that
14 return, and except that the 30% penalty provided for in
15 Section 5 shall not apply), 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
16 5i, 5j, 6b, and 6c of the Retailers' Occupation Tax Act,
17 which are not inconsistent with this Act, and the Uniform
18 Penalty and Interest Act shall apply, as far as practicable,
19 to the subject matter of this Act to the same extent as if
20 such provisions were included herein. References in such
21 incorporated Sections of the Retailers' Occupation Tax Act to
22 retailers, to sellers or to persons engaged in the business
23 of selling tangible personal property mean persons engaged in
24 the business of distributing electricity when used in this
25 Act. References in such incorporated Sections of the
26 Retailers' Occupation Tax Act to sales of tangible personal
27 property mean the distributing of electricity when used in
28 this Act.
29 (Source: P.A. 90-491, eff. 1-1-98; 90-561, eff. 1-1-98;
30 revised 1-6-98.)
31 Section 47. The Telecommunications Municipal
32 Infrastructure Maintenance Fee Act is amended by changing
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1 Section 25 as follows:
2 (35 ILCS 635/25)
3 Sec. 25. Collection, enforcement, and administration of
4 telecommunications infrastructure maintenance fees.
5 (a) A telecommunications retailer shall charge each
6 customer an additional charge equal to the sum of (1) an
7 amount equal to the State infrastructure maintenance fee
8 attributable to that customer's service address and (2) an
9 amount equal to the optional infrastructure maintenance fee,
10 if any, attributable to that customer's service address and
11 (3) an amount equal to the municipal infrastructure
12 maintenance fee, if any, attributable to that customer's
13 service address. Such additional charge shall be shown
14 separately on the bill to each customer.
15 (b) The State infrastructure maintenance fee and the
16 optional infrastructure maintenance fee shall be designated
17 as a replacement for the personal property tax and shall be
18 remitted by the telecommunications retailer to the Illinois
19 Department of Revenue; provided, however, that the
20 telecommunications retailer may retain an amount not to
21 exceed 2% of the State infrastructure maintenance fee and the
22 optional infrastructure maintenance fee, if any, paid to the
23 Department, with a timely paid and timely filed return to
24 reimburse itself for expenses incurred in collecting,
25 accounting for, and remitting the fee. All amounts herein
26 remitted to the Department shall be transferred to the
27 Personal Property Tax Replacement Fund in the State Treasury.
28 (c) The municipal infrastructure maintenance fee shall
29 be remitted by the telecommunications retailer to the
30 municipality imposing the municipal infrastructure
31 maintenance fee; provided, however, that the
32 telecommunications retailer may retain an amount not to
33 exceed 2% of the municipal infrastructure maintenance fee
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1 collected by it to reimburse itself for expenses incurred in
2 accounting for and remitting the fee. The municipality
3 imposing the municipal infrastructure maintenance fee shall
4 collect, enforce, and administer the fee.
5 (d) Except as provided in subsection (e) (f), during any
6 period of time when a municipality receives any compensation
7 other than the municipal infrastructure maintenance fee set
8 forth in Section 20, for a telecommunications retailer's use
9 of the public right-of-way, no municipal infrastructure
10 maintenance fee may be imposed by such municipality pursuant
11 to this Act.
12 (e) A municipality that, pursuant to a franchise
13 agreement in existence on the effective date of this Act,
14 receives compensation from a telecommunications retailer for
15 the use of the public right of way, may impose a municipal
16 infrastructure maintenance fee pursuant to this Act only on
17 the condition that such municipality (1) waives its right to
18 receive all fees, charges and other compensation under all
19 existing franchise agreements or the like with
20 telecommunications retailers during the time that the
21 municipality imposes a municipal infrastructure maintenance
22 fee and (2) imposes by ordinance (or other proper means) a
23 municipal infrastructure maintenance fee which becomes
24 effective no sooner than 90 days after such municipality has
25 provided written notice by certified mail to each
26 telecommunications retailer with whom the municipality has an
27 existing franchise agreement, that the municipality waives
28 all compensation under such existing franchise agreement.
29 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97;
30 revised 12-30-97.)
31 Section 48. The Illinois Pension Code is amended by
32 changing Sections 1-113, 2-108.1, 2-120, 5-168.1, 7-171,
33 8-154, 8-173, 8-230.1, 9-108, 9-167, 9-170.1, 9-177, 9-179.2,
HB1268 Enrolled -247- LRB9000999EGfg
1 9-182, 11-167, 11-221.1, 12-124, 14-103.13, 14-104, 14-104.5,
2 14-108, 15-106, 15-134, 15-136, 15-157, 15-185, 16-140,
3 17-116.6, 17-127, 17-129, and 17-156.1 and setting forth and
4 renumbering multiple versions of Section 14-104.10 as
5 follows:
6 (40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
7 Sec. 1-113. Investment authority of certain pension
8 funds, not including those established under Article 3 or 4.
9 The investment authority of a board of trustees of a
10 retirement system or pension fund established under this Code
11 shall, if so provided in the Article establishing such
12 retirement system or pension fund, embrace the following
13 investments:
14 (1) Bonds, notes and other direct obligations of the
15 United States Government; bonds, notes and other obligations
16 of any United States Government agency or instrumentality,
17 whether or not guaranteed; and obligations the principal and
18 interest of which are guaranteed unconditionally by the
19 United States Government or by an agency or instrumentality
20 thereof.
21 (2) Obligations of the Inter-American Development Bank,
22 the International Bank for Reconstruction and Development,
23 the African Development Bank, the International Finance
24 Corporation, and the Asian Development Bank.
25 (3) Obligations of any state, or of any political
26 subdivision in Illinois, or of any county or city in any
27 other state having a population as shown by the last federal
28 census of not less than 30,000 inhabitants provided that such
29 political subdivision is not permitted by law to become
30 indebted in excess of 10% of the assessed valuation of
31 property therein and has not defaulted for a period longer
32 than 30 days in the payment of interest and principal on any
33 of its general obligations or indebtedness during a period of
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1 10 calendar years immediately preceding such investment.
2 (4) Nonconvertible bonds, debentures, notes and other
3 corporate obligations of any corporation created or existing
4 under the laws of the United States or any state, district or
5 territory thereof, provided there has been no default on the
6 obligations of the corporation or its predecessor(s) during
7 the 5 calendar years immediately preceding the purchase. Up
8 to 5% of the assets of a pension fund established under
9 Article 9 of this Code may be invested in nonconvertible
10 bonds, debentures, notes, and other corporate obligations of
11 corporations created or existing under the laws of a foreign
12 country, provided there has been no default on the
13 obligations of the corporation or its predecessors during the
14 5 calendar years immediately preceding the date of purchase.
15 (5) Obligations guaranteed by the Government of Canada,
16 or by any Province of Canada, or by any Canadian city with a
17 population of not less than 150,000 inhabitants, provided (a)
18 they are payable in United States currency and are exempt
19 from any Canadian withholding tax; (b) the investment in any
20 one issue of bonds shall not exceed 10% of the amount
21 outstanding; and (c) the total investments at book value in
22 Canadian securities shall be limited to 5% of the total
23 investment account of the board at book value.
24 (5.1) Direct obligations of the State of Israel for the
25 payment of money, or obligations for the payment of money
26 which are guaranteed as to the payment of principal and
27 interest by the State of Israel, or common or preferred stock
28 or notes issued by a bank owned or controlled in whole or in
29 part by the State of Israel, on the following conditions:
30 (a) The total investments in such obligations shall
31 not exceed 5% of the book value of the aggregate
32 investments owned by the board;
33 (b) The State of Israel shall not be in default in
34 the payment of principal or interest on any of its direct
HB1268 Enrolled -249- LRB9000999EGfg
1 general obligations on the date of such investment;
2 (c) The bonds, stock or notes, and interest thereon
3 shall be payable in currency of the United States;
4 (d) The bonds shall (1) contain an option for the
5 redemption thereof after 90 days from date of purchase or
6 (2) either become due 5 years from the date of their
7 purchase or be subject to redemption 120 days after the
8 date of notice for redemption;
9 (e) The investment in these obligations has been
10 approved in writing by investment counsel employed by the
11 board, which counsel shall be a national or state bank or
12 trust company authorized to do a trust business in the
13 State of Illinois, or an investment advisor qualified
14 under the Federal Investment Advisors Act of 1940 and
15 registered under the Illinois Securities Act of 1953;
16 (f) The fund or system making the investment shall
17 have at least $5,000,000 of net present assets.
18 (6) Notes secured by mortgages under Sections 203, 207,
19 220 and 221 of the National Housing Act which are insured by
20 the Federal Housing Commissioner, or his successor assigns,
21 or debentures issued by such Commissioner, which are
22 guaranteed as to principal and interest by the Federal
23 Housing Administration, or agency of the United States
24 Government, provided the aggregate investment shall not
25 exceed 20% of the total investment account of the board at
26 book value, and provided further that the investment in such
27 notes under Sections 220 and 221 shall in no event exceed
28 one-half of the maximum investment in notes under this
29 paragraph.
30 (7) Loans to veterans guaranteed in whole or part by the
31 United States Government pursuant to Title III of the Act of
32 Congress known as the "Servicemen's Readjustment Act of
33 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
34 supplemented from time to time, provided such guaranteed
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1 loans are liens upon real estate.
2 (8) Common and preferred stocks and convertible debt
3 securities authorized for investment of trust funds under the
4 laws of the State of Illinois, provided:
5 (a) the common stocks, except as provided in
6 subparagraph (g), are listed on a national securities
7 exchange or board of trade, as defined in the federal
8 Securities Exchange Act of 1934, or quoted in the
9 National Association of Securities Dealers Automated
10 Quotation System (NASDAQ);
11 (b) the securities are of a corporation created or
12 existing under the laws of the United States or any
13 state, district or territory thereof, except that up to
14 5% of the assets of a pension fund established under
15 Article 9 of this Code may be invested in securities
16 issued by corporations created or existing under the laws
17 of a foreign country, if those securities are otherwise
18 in conformance with this paragraph (8);
19 (c) the corporation is not in arrears on payment of
20 dividends on its preferred stock;
21 (d) the total book value of all stocks and
22 convertible debt owned by any pension fund or retirement
23 system shall not exceed 40% of the aggregate book value
24 of all investments of such pension fund or retirement
25 system, except for a pension fund or retirement system
26 governed by Article 9, 13, or 17, where the total of all
27 stocks and convertible debt shall not exceed 50% of the
28 aggregate book value of all fund investments;
29 (e) the book value of stock and convertible debt
30 investments in any one corporation shall not exceed 5% of
31 the total investment account at book value in which such
32 securities are held, determined as of the date of the
33 investment, and the investments in the stock of any one
34 corporation shall not exceed 5% of the total outstanding
HB1268 Enrolled -251- LRB9000999EGfg
1 stock of such corporation, and the investments in the
2 convertible debt of any one corporation shall not exceed
3 5% of the total amount of such debt that may be
4 outstanding;
5 (f) the straight preferred stocks or convertible
6 preferred stocks and convertible debt securities are
7 issued or guaranteed by a corporation whose common stock
8 qualifies for investment by the board; and
9 (g) that any common stocks not listed or quoted as
10 provided in subdivision 8(a) above be limited to the
11 following types of institutions: (a) any bank which is a
12 member of the Federal Deposit Insurance Corporation
13 having capital funds represented by capital stock,
14 surplus and undivided profits of at least $20,000,000;
15 (b) any life insurance company having capital funds
16 represented by capital stock, special surplus funds and
17 unassigned surplus totalling at least $50,000,000; and
18 (c) any fire or casualty insurance company, or a
19 combination thereof, having capital funds represented by
20 capital stock, net surplus and voluntary reserves of at
21 least $50,000,000.
22 (9) Withdrawable accounts of State chartered and federal
23 chartered savings and loan associations insured by the
24 Federal Savings and Loan Insurance Corporation; deposits or
25 certificates of deposit in State and national banks insured
26 by the Federal Deposit Insurance Corporation; and share
27 accounts or share certificate accounts in a State or federal
28 credit union, the accounts of which are insured as required
29 by The Illinois Credit Union Act or the Federal Credit Union
30 Act, as applicable.
31 No bank or savings and loan association shall receive
32 investment funds as permitted by this subsection (9), unless
33 it has complied with the requirements established pursuant to
34 Section 6 of the Public Funds Investment Act.
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1 (10) Trading, purchase or sale of listed options on
2 underlying securities owned by the board.
3 (11) Contracts and agreements supplemental thereto
4 providing for investments in the general account of a life
5 insurance company authorized to do business in Illinois.
6 (12) Conventional mortgage pass-through securities which
7 are evidenced by interests in Illinois owner-occupied
8 residential mortgages, having not less than an "A" rating
9 from at least one national securities rating service. Such
10 mortgages may have loan-to-value ratios up to 95%, provided
11 that any amount over 80% is insured by private mortgage
12 insurance. The pool of such mortgages shall be insured by
13 mortgage guaranty or equivalent insurance, in accordance with
14 industry standards.
15 (13) Pooled or commingled funds managed by a national or
16 State bank which is authorized to do a trust business in the
17 State of Illinois, shares of registered investment companies
18 as defined in the federal Investment Company Act of 1940
19 which are registered under that Act, and separate accounts of
20 a life insurance company authorized to do business in
21 Illinois, where such pooled or commingled funds, shares, or
22 separate accounts are comprised of common or preferred
23 stocks, bonds, or money market instruments.
24 (14) Pooled or commingled funds managed by a national or
25 state bank which is authorized to do a trust business in the
26 State of Illinois, separate accounts managed by a life
27 insurance company authorized to do business in Illinois, and
28 commingled group trusts managed by an investment adviser
29 registered under the federal Investment Advisors Act of 1940
30 (15 U.S.C. 80b-1 et seq.) and under the Illinois Securities
31 Law of 1953, where such pooled or commingled funds, separate
32 accounts or commingled group trusts are comprised of real
33 estate or loans upon real estate secured by first or second
34 mortgages. The total investment in such pooled or commingled
HB1268 Enrolled -253- LRB9000999EGfg
1 funds, commingled group trusts and separate accounts shall
2 not exceed 10% of the aggregate book value of all investments
3 owned by the fund.
4 (15) Investment companies which (a) are registered as
5 such under the Investment Company Act of 1940, (b) are
6 diversified, open-end management investment companies and (c)
7 invest only in money market instruments.
8 (16) Up to 10% of the assets of the fund may be invested
9 in investments not included in paragraphs (1) through (15) of
10 this Section, provided that such investments comply with the
11 requirements and restrictions set forth in Sections 1-109,
12 1-109.1, 1-109.2, 1-110 and 1-111 of this Code.
13 The board shall have the authority to enter into such
14 agreements and to execute such documents as it determines to
15 be necessary to complete any investment transaction.
16 Any limitations herein set forth shall be applicable only
17 at the time of purchase and shall not require the liquidation
18 of any investment at any time.
19 All investments shall be clearly held and accounted for
20 to indicate ownership by such board. Such board may direct
21 the registration of securities in its own name or in the name
22 of a nominee created for the express purpose of registration
23 of securities by a national or state bank or trust company
24 authorized to conduct a trust business in the State of
25 Illinois.
26 Investments shall be carried at cost or at a value
27 determined in accordance with generally accepted accounting
28 principles and accounting procedures approved by such board.
29 (Source: P.A. 90-12, eff. 6-13-97; 90-507, eff. 8-22-97;
30 90-511, eff. 8-22-97; revised 11-17-97.)
31 (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
32 Sec. 2-108.1. Highest salary for annuity purposes.
33 (a) "Highest salary for annuity purposes" means
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1 whichever of the following is applicable to the participant:
2 (1) For a participant who is a member of the
3 General Assembly on his or her last day of service: the
4 highest salary that is prescribed by law, on the
5 participant's last day of service, for a member of the
6 General Assembly who is not an officer; plus, if the
7 participant was elected or appointed to serve as an
8 officer of the General Assembly for 2 or more years and
9 has made contributions as required under subsection (d)
10 of Section 2-126, the highest additional amount of
11 compensation prescribed by law, at the time of the
12 participant's service as an officer, for members of the
13 General Assembly who serve in that office.
14 (2) For a participant who holds one of the State
15 executive offices specified in Section 2-105 on his or
16 her last day of service: the highest salary prescribed by
17 law for service in that office on the participant's last
18 day of service.
19 (3) For a participant who is Clerk or Assistant
20 Clerk of the House Senate of Representatives or Secretary
21 or Assistant Secretary of the Senate on his or her last
22 day of service: the salary received for service in that
23 capacity on the last day of service, but not to exceed
24 the highest salary (including additional compensation for
25 service as an officer) that is prescribed by law on the
26 participant's last day of service for the highest paid
27 officer of the General Assembly.
28 (4) For a participant who is a continuing
29 participant under Section 2-117.1 on his or her last day
30 of service: the salary received for service in that
31 capacity on the last day of service, but not to exceed
32 the highest salary (including additional compensation for
33 service as an officer) that is prescribed by law on the
34 participant's last day of service for the highest paid
HB1268 Enrolled -255- LRB9000999EGfg
1 officer of the General Assembly.
2 (b) The earnings limitations of subsection (a) apply to
3 earnings under any other participating system under the
4 Retirement Systems Reciprocal Act that are considered in
5 calculating a proportional annuity under this Article, except
6 in the case of a person who first became a member of this
7 System before August 22, the effective date of this
8 amendatory Act of 1994.
9 (c) In calculating the subsection (a) earnings
10 limitation to be applied to earnings under any other
11 participating system under the Retirement Systems Reciprocal
12 Act for the purpose of calculating a proportional annuity
13 under this Article, the participant's last day of service
14 shall be deemed to mean the last day of service in any
15 participating system from which the person has applied for a
16 proportional annuity under the Retirement Systems Reciprocal
17 Act.
18 (Source: P.A. 88-593, eff. 8-22-94; revised 6-27-97.)
19 (40 ILCS 5/2-120) (from Ch. 108 1/2, par. 2-120)
20 Sec. 2-120. Reversionary annuity. (a) Prior to
21 retirement, a participant may elect to take a reduced
22 retirement annuity and provide, with the actuarial value of
23 the amount of the reduction in annuity, a reversionary
24 annuity for a spouse, parent, child, brother or sister. The
25 option shall be exercised by the filing of a written
26 designation with the board prior to retirement, and may be
27 revoked by the participant at any time before retirement. The
28 death of the participant or the designated reversionary
29 annuitant prior to the participant's retirement shall
30 automatically void this option. If the reversionary annuitant
31 dies after the participant's retirement, the reduced annuity
32 being paid to the retired participant shall remain unchanged
33 and no reversionary annuity shall be payable.
HB1268 Enrolled -256- LRB9000999EGfg
1 (b) A reversionary annuity shall not be payable if the
2 participant dies before the expiration of 2 years from the
3 date the written designation was filed with the board even
4 though he or she had retired and was receiving a reduced
5 retirement annuity under this option.
6 (c) A reversionary annuity shall begin on the first day
7 of the month following the death of the annuitant and
8 continue until the death of the reversionary annuitant.
9 (d) For a member electing to take a reduced annuity
10 under this Section, the automatic increases provided in
11 Section 2-119.1 2-119.2 shall be applied to the amount of the
12 reduced retirement annuity.
13 (Source: P.A. 83-1440; revised 12-18-97.)
14 (40 ILCS 5/5-168.1) (from Ch. 108 1/2, par. 5-168.1)
15 Sec. 5-168.1. The employer may pick up the employee
16 contributions required by Sections 5-167.1, 5-169, 5-170,
17 5-171 and 5-175.1 5.175.1 for salary earned after December
18 31, 1981. If employee contributions are not picked up, the
19 amount that would have been picked up under this amendatory
20 Act of 1980 shall continue to be deducted from salary. If
21 employee contributions are picked up they shall be treated as
22 employer contributions in determining tax treatment under the
23 United States Internal Revenue Code; however, the employer
24 shall continue to withhold Federal and state income taxes
25 based upon these contributions until the Internal Revenue
26 Service or the Federal courts rule that pursuant to Section
27 414(h) of the United States Internal Revenue Code, these
28 contributions shall not be included as gross income of the
29 employee until such time as they are distributed or made
30 available. The employer shall pay these employee
31 contributions from the same source of funds which is used in
32 paying salary to the employee. The employer may pick up these
33 contributions by a reduction in the cash salary of the
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1 employee or by an offset against a future salary increase or
2 by a combination of a reduction in salary and offset against
3 a future salary increase. If employee contributions are
4 picked up they shall be treated for all purposes of this
5 Article 5, including Section 5-168, in the same manner and to
6 the same extent as employee contributions made prior to the
7 date picked up.
8 (Source: P.A. 81-1536; revised 12-18-97.)
9 (40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
10 Sec. 7-171. Finance; taxes.
11 (a) Each municipality other than a school district shall
12 appropriate an amount sufficient to provide for the current
13 municipality contributions required by Section 7-172 of this
14 Article, for the fiscal year for which the appropriation is
15 made and all amounts due for municipal contributions for
16 previous years. Those municipalities which have been assessed
17 an annual amount to amortize its unfunded obligation, as
18 provided in subparagraph 5 of paragraph (a) of Section 7-172
19 of this Article, shall include in the appropriation an amount
20 sufficient to pay the amount assessed. The appropriation
21 shall be based upon an estimate of assets available for
22 municipality contributions and liabilities therefor for the
23 fiscal year for which appropriations are to be made,
24 including funds available from levies for this purpose in
25 prior years.
26 (b) For the purpose of providing monies for municipality
27 contributions, beginning for the year in which a municipality
28 is included in this fund:
29 (1) A municipality other than a school district may
30 levy a tax which shall not exceed the amount appropriated
31 for municipality contributions.
32 (2) A school district may levy a tax in an amount
33 reasonably calculated at the time of the levy to provide
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1 for the municipality contributions required under Section
2 7-172 of this Article for the fiscal years for which
3 revenues from the levy will be received and all amounts
4 due for municipal contributions for previous years. Any
5 levy adopted before the effective date of this amendatory
6 Act of 1995 by a school district shall be considered
7 valid and authorized to the extent that the amount was
8 reasonably calculated at the time of the levy to provide
9 for the municipality contributions required under Section
10 7-172 for the fiscal years for which revenues from the
11 levy will be received and all amounts due for municipal
12 contributions for previous years. In no event shall a
13 budget adopted by a school district limit a levy of that
14 school district adopted under this Section.
15 (c) Any county which is served by a regional office of
16 education that serves 2 or more counties may include in its
17 appropriation an amount sufficient to provide its
18 proportionate share of the municipality contributions for
19 that regional office of education. The tax levy authorized
20 by this Section may include an amount necessary to provide
21 monies for this contribution.
22 (d) Any county that is a part of a multiple-county
23 health department or consolidated health department which is
24 formed under "An Act in relation to the establishment and
25 maintenance of county and multiple-county public health
26 departments", approved July 9, 1943, as amended, and which is
27 a participating instrumentality may include in the county's
28 appropriation an amount sufficient to provide its
29 proportionate share of municipality contributions of the
30 department. The tax levy authorized by this Section may
31 include the amount necessary to provide monies for this
32 contribution.
33 (d-5) A school district participating in a special
34 education joint agreement created under Section 10-22.31 of
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1 the School Code that is a participating instrumentality may
2 include in the school district's tax levy under this Section
3 an amount sufficient to provide its proportionate share of
4 the municipality contributions for current and prior service
5 by employees of the participating instrumentality created
6 under the joint agreement.
7 (e) Such tax shall be levied and collected in like
8 manner, with the general taxes of the municipality and shall
9 be in addition to all other taxes which the municipality is
10 now or may hereafter be authorized to levy upon all taxable
11 property therein, and shall be exclusive of and in addition
12 to the amount of tax levied for general purposes under
13 Section 8-3-1 of the "Illinois Municipal Code", approved May
14 29, 1961, as amended, or under any other law or laws which
15 may limit the amount of tax which the municipality may levy
16 for general purposes. The tax may be levied by the governing
17 body of the municipality without being authorized as being
18 additional to all other taxes by a vote of the people of the
19 municipality.
20 (f) The county clerk of the county in which any such
21 municipality is located, in reducing tax levies shall not
22 consider any such tax as a part of the general tax levy for
23 municipality purposes, and shall not include the same in the
24 limitation of any other tax rate which may be extended.
25 (g) The amount of the tax to be levied in any year
26 shall, within the limits herein prescribed, be determined by
27 the governing body of the respective municipality.
28 (h) The revenue derived from any such tax levy shall be
29 used only for the purposes specified in this Article and, as
30 collected, shall be paid to the treasurer of the municipality
31 levying the tax. Monies received by a county treasurer for
32 use in making contributions to a regional office of education
33 for its municipality contributions shall be held by him for
34 that purpose and paid to the regional office of education in
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1 the same manner as other monies appropriated for the expense
2 of the regional office.
3 (Source: P.A. 89-329, eff. 8-17-95; 90-448, eff. 8-16-97;
4 90-511, eff. 8-22-97; revised 11-17-97.)
5 (40 ILCS 5/8-154) (from Ch. 108 1/2, par. 8-154)
6 Sec. 8-154. Maximum annuities.
7 (1) The annuities to an employee and his widow are
8 subject to the following limitations:
9 (a) No age and service annuity, or age and service
10 and prior service annuity combined, in excess of 60% of
11 the highest salary of an employee, and no minimum annuity
12 in excess of the amount provided in Section 8-138 or set
13 forth as a maximum in any other Section of this Code
14 relating to minimum annuities for municipal employees
15 included under Article 8 of this Code shall be payable to
16 any employee - excepting to the extent that the annuity
17 may exceed such per cent or amount under Section 8-137
18 and 8-137.1 providing for automatic increases after
19 retirement.
20 (b) No annuity in excess of 60% of such highest
21 salary shall be payable to a widow if death of an
22 employee results solely from injury incurred in the
23 performance of an act of duty; provided, the annuity for
24 a widow, or a widow's annuity plus compensation annuity,
25 shall not exceed $500 per month if the employee's death
26 occurs before January 23, 1987, except as provided in
27 paragraph (d). The widow's annuity, or a widow's annuity
28 plus compensation annuity, shall not be limited to a
29 maximum dollar amount if the employee's death occurs on
30 or after January 23, 1987, regardless of the date of
31 injury.
32 (c) No annuity in excess of 50% of such highest
33 salary shall be payable to a widow in the case of death
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1 resulting in whole or in part from any cause other than
2 injury incurred in the performance of an act of duty;
3 provided, the annuity for a widow, or a widow's annuity
4 plus supplemental annuity, shall not exceed $500 per
5 month if the employee's death occurs before January 23,
6 1987, except as provided in paragraph (d). The widow's
7 annuity, or widow's annuity plus supplemental annuity,
8 shall not be limited to a maximum dollar amount if the
9 employee's death occurs on or after January 23, 1987.
10 (d) For widows of employees who died before January
11 23, 1987 after retirement on annuity or in service, the
12 maximum dollar amount limitation on widow's annuity (or
13 widow's annuity plus compensation or supplemental
14 annuity) shall cease to apply, beginning with the first
15 annuity payment after the effective date of this
16 amendatory Act of 1997; except that if a refund of excess
17 contributions for widow's annuity has been paid by the
18 Fund, the increase resulting from this paragraph (d)
19 shall not begin before the refund has been repaid to the
20 Fund, together with interest at the effective rate from
21 the date of the refund to the date of repayment.
22 (2) If when an employee's annuity is fixed, the amount
23 accumulated to his credit therefor, as of his age at such
24 time exceeds the amount necessary for the annuity, all
25 contributions for annuity purposes after the date on which
26 the accumulated sums to the credit of such employee for
27 annuity purposes would first have provided such employee with
28 such amount of annuity as of his age at such date shall be
29 refunded when he enters upon annuity, with interest at the
30 effective rate.
31 If the aforesaid annuity so fixed is not payable, but a
32 larger amount is payable as a minimum annuity, such refund
33 shall be reduced by 5/12 of the value of the difference in
34 the annuity payable and the amount theretofore fixed, as the
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1 value of such difference may be at the date and as of the age
2 of the employee when his annuity is granted; provided that if
3 the employee was credited with city contributions for any
4 period for which he made no contribution, or a contribution
5 of less than 3 1/4% of salary, a further reduction in the
6 refund shall be made by the equivalent of what he would have
7 contributed during such period less his actual contributions,
8 had the rate of employee contributions in force on the
9 effective date been in effect throughout his entire service,
10 prior to such effective date, with interest computed on such
11 amounts at the effective rate.
12 (3) If at the time the annuity for a wife is fixed, the
13 employee's credit for a widow's annuity exceeds that
14 necessary to provide such an annuity equal to the maximum
15 annuity provided in this section, all employee contributions
16 for such annuity, for service after the date on which the
17 accumulated sums to the credit of such employee for the
18 purpose of providing widow's annuity would first have
19 provided such widow with such amount of annuity, if such
20 annuity were computed on the basis of the Combined Annuity
21 Mortality Table with interest at 3% per annum with ages at
22 date of determination taken as specified in this Article,
23 shall be refunded to the employee, with interest at the
24 effective rate. If the employee was credited with city
25 contributions for widow's annuity for any service prior to
26 the effective date, any amount so refundable, shall be
27 reduced by the equivalent of what he would have contributed,
28 had his contributions for widow's annuity been made at the
29 rate of 1% throughout his entire service, prior to the
30 effective date, with interest on such amounts at the
31 effective rate.
32 (4) If at the death of an employee prior to age 65, the
33 credit for widow's annuity exceeds that necessary to provide
34 the maximum annuity prescribed in this section, all employee
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1 contributions for annuity purposes, for service after the
2 date on which the accumulated sums to the credit of such
3 employee for the purpose of providing such maximum annuity
4 for the widow would first have provided such widow with such
5 amount of annuity, if such annuity were computed on the basis
6 of the Combined Annuity Mortality Table with interest at 3%
7 per annum with ages at date of determination taken as
8 specified in this Article, shall be refunded to the widow,
9 with interest at the effective rate.
10 If the employee was credited with city contributions for
11 any period of service during which he was not required to
12 make a contribution, or made a contribution of less than 3
13 1/4% of salary, the refund shall be reduced by the equivalent
14 of the contributions he would have made during such period,
15 less any amount he contributed, had the rate of employee
16 contributions in effect on the effective date been in force
17 throughout his entire service, prior to the effective date,
18 with interest on such amounts at the effective rate; provided
19 that if the employee was credited with city contributions for
20 widow's annuity for any service prior to the effective date,
21 any amount so refundable shall be further reduced by the
22 equivalent of what he would have contributed had he made
23 contributions for widow's annuity at the rate of 1%
24 throughout his entire service; prior to such effective date,
25 with interest on such amounts at the effective rate.
26 (Source: P.A. 90-511, eff. 8-22-97; revised 12-18-97.)
27 (40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
28 Sec. 8-173. Financing; tax levy.
29 (a) Except as provided in subsection (f) of this
30 Section, the city council of the city shall levy a tax
31 annually upon all taxable property in the city at a rate that
32 will produce a sum which, when added to the amounts deducted
33 from the salaries of the employees or otherwise contributed
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1 by them will be sufficient for the requirements of this
2 Article, but which when extended will produce an amount not
3 to exceed the greater of the following: (a) The sum obtained
4 by the levy of a tax of .1093% of the value, as equalized or
5 assessed by the Department of Revenue, of all taxable
6 property within such city, or (b) the sum of $12,000,000.
7 However any city in which a Fund has been established and in
8 operation under this Article for more than 3 years prior to
9 1970, that city shall levy for the year 1970 a tax at a rate
10 on the dollar of assessed valuation of all taxable property
11 that will produce, when extended, an amount not to exceed 1.2
12 times the total amount of contributions made by employees to
13 the Fund for annuity purposes in the calendar year 1968, and,
14 for the year 1971 and 1972 such levy that will produce, when
15 extended, an amount not to exceed 1.3 times the total amount
16 of contributions made by of employees to the Fund for annuity
17 purposes in the calendar years 1969 and 1970, respectively;
18 and for the year 1973 an amount not to exceed 1.365 times
19 such total amount of contributions made by employees for
20 annuity purposes in the calendar year 1971; and for the year
21 1974 an amount not to exceed 1.430 times such total amount of
22 contributions made by employees for annuity purposes in the
23 calendar year 1972; and for the year 1975 an amount not to
24 exceed 1.495 times such total amount of contributions made by
25 employees for annuity purposes in the calendar year 1973; and
26 for the year 1976 an amount not to exceed 1.560 times such
27 total amount of contributions made by employees for annuity
28 purposes in the calendar year 1974; and for the year 1977 an
29 amount not to exceed 1.625 times such total amount of
30 contributions made by employees for annuity purposes in the
31 calendar year 1975; and for the year 1978 and each year
32 thereafter such levy that will produce, when extended, an
33 amount not to exceed 1.690 times the total amount of
34 contributions made by or on behalf of employees to the Fund
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1 for annuity purposes in the calendar year 2 years prior to
2 the year for which the annual applicable tax is levied.
3 The tax shall be levied and collected in like manner with
4 the general taxes of the city, and shall be exclusive of and
5 in addition to the amount of tax the city is now or may
6 hereafter be authorized to levy for general purposes under
7 any laws which may limit the amount of tax which the city may
8 levy for general purposes. The county clerk of the county in
9 which the city is located, in reducing tax levies under the
10 provisions of any Act concerning the levy and extension of
11 taxes, shall not consider the tax herein provided for as a
12 part of the general tax levy for city purposes, and shall not
13 include the same within any limitation of the percent of the
14 assessed valuation upon which taxes are required to be
15 extended for such city.
16 Revenues derived from such tax shall be paid to the city
17 treasurer of the city as collected and held by him for the
18 benefit of the fund.
19 If the payments on account of taxes are insufficient
20 during any year to meet the requirements of this Article, the
21 city may issue tax anticipation warrants against the current
22 tax levy.
23 (b) On or before January 10, annually, the board shall
24 notify the city council of the requirements of this Article
25 that the tax herein provided shall be levied for that current
26 year. The board shall compute the amounts necessary to be
27 credited to the reserves established and maintained as herein
28 provided, and shall make an annual determination of the
29 amount of the required city contributions, and certify the
30 results thereof to the city council.
31 (c) In respect to employees of the city who are
32 transferred to the employment of a park district by virtue of
33 the "Exchange of Functions Act of 1957", the corporate
34 authorities of the park district shall annually levy a tax
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1 upon all the taxable property in the park district at such
2 rate per cent of the value of such property, as equalized or
3 assessed by the Department of Revenue, as shall be
4 sufficient, when added to the amounts deducted from their
5 salaries and otherwise contributed by them to provide the
6 benefits to which they and their dependents and beneficiaries
7 are entitled under this Article. The city shall not levy a
8 tax hereunder in respect to such employees.
9 The tax so levied by the park district shall be in
10 addition to and exclusive of all other taxes authorized to be
11 levied by the park district for corporate, annuity fund, or
12 other purposes. The county clerk of the county in which the
13 park district is located, in reducing any tax levied under
14 the provisions of any act concerning the levy and extension
15 of taxes shall not consider such tax as part of the general
16 tax levy for park purposes, and shall not include the same in
17 any limitation of the per cent of the assessed valuation upon
18 which taxes are required to be extended for the park
19 district. The proceeds of the tax levied by the park
20 district, upon receipt by the district, shall be immediately
21 paid over to the city treasurer of the city for the uses and
22 purposes of the fund.
23 The various sums, to be contributed by the city and park
24 district and allocated for the purposes of this Article and
25 any interest to be contributed by the city, shall be derived
26 from the revenue from said tax or otherwise as expressly
27 provided in this Section.
28 If it is not possible or practicable for the city to make
29 contributions for age and service annuity and widow's annuity
30 at the same time that employee contributions are made for
31 such purposes, such city contributions shall be construed to
32 be due and payable as of the end of the fiscal year for which
33 the tax is levied and shall accrue thereafter with interest
34 at the effective rate until paid.
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1 (d) With respect to employees whose wages are funded as
2 participants under the Comprehensive Employment and Training
3 Act of 1973, as amended (P.L. 93-203, 87 Stat. 839, P.L.
4 93-567, 88 Stat. 1845), hereinafter referred to as CETA,
5 subsequent to October 1, 1978, and in instances where the
6 board has elected to establish a manpower program reserve,
7 the board shall compute the amounts necessary to be credited
8 to the manpower program reserves established and maintained
9 as herein provided, and shall make a periodic determination
10 of the amount of required contributions from the City to the
11 reserve to be reimbursed by the federal government in
12 accordance with rules and regulations established by the
13 Secretary of the United States Department of Labor or his
14 designee, and certify the results thereof to the City
15 Council. Any such amounts shall become a credit to the City
16 and will be used to reduce the amount which the City would
17 otherwise contribute during succeeding years for all
18 employees.
19 (e) In lieu of establishing a manpower program reserve
20 with respect to employees whose wages are funded as
21 participants under the Comprehensive Employment and Training
22 Act of 1973, as authorized by subsection (d), the board may
23 elect to establish a special municipality contribution rate
24 for all such employees. If this option is elected, the City
25 shall contribute to the Fund from federal funds provided
26 under the Comprehensive Employment and Training Act program
27 at the special rate so established and such contributions
28 shall become a credit to the City and be used to reduce the
29 amount which the City would otherwise contribute during
30 succeeding years for all employees.
31 (f) In lieu of levying all or a portion of the tax
32 required under this Section in any year, the city may deposit
33 with the city treasurer no later than March 1 of that year
34 for the benefit of the fund, to be held in accordance with
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1 this Article, an amount that, together with the taxes levied
2 under this Section for that year, is not less than the amount
3 of the city contributions for that year as certified by the
4 board to the city council. The deposit may be derived from
5 any source legally available for that purpose, including, but
6 not limited to, the proceeds of city borrowings. The making
7 of a deposit shall satisfy fully the requirements of this
8 Section for that year to the extent of the amounts so
9 deposited.
10 (Source: P.A. 90-31, eff. 6-27-97; revised 12-18-97.)
11 (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
12 Sec. 8-230.1. Right of employees to contribute for
13 certain other service. Any employee in the service, after
14 having made contributions covering a period of 10 or more
15 years to the annuity and benefit fund herein provided for,
16 may elect to pay for and receive credit for all annuity
17 purposes for service theretofore rendered by the employee him
18 to the Chicago Transit Authority created by the "Metropolitan
19 Transit Authority Act", approved April 12, 1945, as amended,
20 or its predecessor public utilities; provided, that the last
21 5 years of service prior to retirement on annuity shall have
22 been as an employee of the City and a contributor to this
23 Fund. Such service credit may be paid for and granted on the
24 same basis and conditions as are applicable in the case of
25 employees who make payment for past service under the
26 provisions of Section the immediately preceding Sec. 8-230,
27 but on the assumption that the such employee's salary
28 throughout all of his or her service with the such Authority
29 or its predecessor public utilities was at the rate of the
30 employee's his salary at the date of his or her entrance into
31 the service as a municipal employee. In no event, however,
32 shall such service be credited if the such employee has not
33 forfeited and relinquished pension credit for service
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1 covering such period under any pension or retirement plan
2 applicable to the such Authority or its predecessor public
3 utilities, and instituted and maintained by the such
4 Authority or its predecessor public utilities for the benefit
5 of its employees.
6 (Source: P.A. 82-971; revised 8-8-97.)
7 (40 ILCS 5/9-108) (from Ch. 108 1/2, par. 9-108)
8 Sec. 9-108. "Employee", "contributor" or "participant".
9 (a) Any employee of the county employed in any position
10 in the classified civil service of the county, or in any
11 position under the County Police Merit Board as a deputy
12 sheriff in the County Police Department.
13 Any such employee employed after January 1, 1968 and
14 before January 1, 1984 shall be entitled only to the benefits
15 provided in Sections 9-147 and 9-156, prior to the earlier of
16 completion of 12 consecutive calendar months of service and
17 January 1, 1984, and no contributions shall be made by him
18 during this period. Upon the completion of said period
19 contributions shall begin and the employee shall become
20 entitled to the benefits of this Article.
21 Any such employee may elect to make contributions for
22 such period and receive credit therefor under rules
23 prescribed by the board.
24 Any such employee in service on or after January 1, 1984,
25 regardless of when he became an employee, shall be deemed a
26 participant and contributor to the fund created by this
27 Article and the employee shall be entitled to the benefits of
28 this Article.
29 (b) Any employee of the county employed in any position
30 not included in the classified civil service of the county
31 whose salary or wage wages is paid in whole or in part by the
32 county. Any such employee employed after July 1, 1957, and
33 before January 1, 1984, shall be entitled only to the
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1 benefits provided in Sections 9-147 and 9-156, prior to the
2 earlier of completion of 12 consecutive calendar months of
3 service and January 1, 1984, and no contributions shall be
4 made by him during this period. Upon the completion of said
5 period contributions shall begin and the employee shall
6 become entitled to the benefits of this Article.
7 Any such employee may elect to make contributions for
8 such period and receive credit therefor under rules
9 prescribed by the board.
10 Any such employee in service on or after January 1, 1984,
11 regardless of when he became an employee, shall be deemed a
12 participant and contributor to the fund created by this
13 Article and the employee shall be entitled to the benefits of
14 this Article.
15 (c) Any county officer elected by vote of the people,
16 including a member of the county board, when such officer
17 elects to become a contributor.; and
18 (d) Any person employed by the board.
19 (e) Employees of a County Department of Public Aid in
20 counties of 3,000,000 or more population who are transferred
21 to State employment by operation of law enacted by the 76th
22 General Assembly and who elect not to become members of the
23 Retirement System established under Article 14 of this Code
24 as of the date they become State employees shall retain their
25 membership in the fund established in this Article 9 until
26 the first day of the calendar month next following the date
27 on which they become State employees, at which time they
28 shall become members of the System established under Article
29 14.
30 (f) If, by operation of law, a function of a
31 "Governmental Unit", as such term is defined in the
32 "Retirement Systems Reciprocal Act" in Article 20 of the
33 Illinois Pension Code, is transferred in whole or in part to
34 the county in which this Article is in force and effect, and
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1 employees are transferred as a group or class to such county
2 service, such transferred employee shall, if on the day
3 immediately prior to the date of such transfer he was a
4 contributor and participant in the annuity and benefit fund
5 or retirement system in operation in such other "Governmental
6 Unit" for employees of such Unit, immediately upon such
7 transfer be deemed a participant and contributor to the fund
8 created by this Article.
9 (Source: P.A. 83-869; revised 8-8-97.)
10 (40 ILCS 5/9-167) (from Ch. 108 1/2, par. 9-167)
11 Sec. 9-167. Refund - In lieu of annuity. In lieu of an
12 annuity, an employee who withdraws after age 60, having
13 annuity rights based on a credit of not more than 10 years of
14 service, or an employee who withdraws and whose annuity would
15 amount to less than $150 a month for life, or a former
16 employee who is receiving an annuity from the Fund of less
17 than $150 per month, regardless of his date of withdrawal
18 from service, may elect to receive a refund of the total sum
19 accumulated to his credit from employee contributions for
20 annuity purposes, minus any amounts previously paid to him by
21 the Fund.
22 The widow of any employee, eligible for annuity upon the
23 death of her husband, whose annuity would amount to less than
24 $150 a month for life, and any widow receiving an annuity of
25 less than $150 per month, may, in lieu of a widow's annuity,
26 elect to receive a refund of the accumulated contributions
27 for annuity purposes, based on the amounts contributed by her
28 deceased employee husband, but reduced by any amounts
29 theretofore paid to either the widow or the employee in the
30 form of an annuity or refund out of such accumulated
31 contributions.
32 Accumulated contributions shall mean the amounts
33 including interest credited thereon contributed by the
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1 employee for age and service and widow's annuity to the date
2 of his withdrawal or death, whichever first occurs, including
3 the accumulations from any amounts contributed for him as
4 salary deductions while receiving duty disability benefits,
5 and if not otherwise included any accumulations from sums
6 contributed by him and applied to any pension fund superseded
7 by this fund, and interest credited thereon in accordance
8 with the other provisions of this Article.
9 The acceptance of such refund in lieu of widow's annuity,
10 on the part of a widow, shall not deprive a child or children
11 of the right to receive a child's annuity as provided for in
12 Sections Sec. 9-154 and 9-155 of this Article, and neither
13 shall the payment of child's annuity in the case of such
14 refund to a widow reduce the amount herein set forth as
15 refundable to such widow electing a refund in lieu of widow's
16 annuity.
17 (Source: P.A. 83-1362; revised 8-8-97.)
18 (40 ILCS 5/9-170.1) (from Ch. 108 1/2, par. 9-170.1)
19 Sec. 9-170.1. From and after January 1, 1970 any
20 employee who is credited with 35 or more years of
21 contributing service may elect to discontinue the salary
22 deductions for all annuities as specified in Sections Section
23 9-133, 9-170, and 9-176. Upon such election the annuity for
24 the employee and his wife or widow is fixed and determined as
25 of the date of such discontinuance. No increase in annuity
26 for the employee or his wife or widow accrues thereafter
27 while he is in service. This election shall be in writing to
28 the Retirement Board at least 60 days before the date the
29 salary deductions cease.
30 (Source: P.A. 87-794; revised 8-8-97.)
31 (40 ILCS 5/9-177) (from Ch. 108 1/2, par. 9-177)
32 Sec. 9-177. Additional contributions for widow's annuity
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1 for widows of present employees, future entrants and
2 re-entrants. In addition to the contributions to be made by
3 each employee and by the county for widow's annuity as herein
4 provided additional contributions shall be made as follows:
5 (a) Beginning September 1, 1935, 1% of each payment of
6 salary, not in excess of $3,000 a year, of each present
7 employee described in subdivision (b) of Section Sec. 9-109,
8 and of each future entrant and re-entrant described in
9 subdivision (d) or (e) of Section 9-110.
10 (b) Concurrently with each deduction from salary, the
11 county shall contribute a sum equal to 1 3/4% of each payment
12 of salary, not in excess of $3,000 a year.
13 (Source: Laws 1963, p. 161; revised 8-8-97.)
14 (40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
15 Sec. 9-179.2. Other governmental service-Former County
16 Service. Any employee who has rendered service to any
17 "governmental unit" as such term is defined in the
18 "Retirement Systems Reciprocal Act" under Article 20 of the
19 Illinois Pension Code, who did not contribute to the
20 retirement system of such "governmental unit", including the
21 retirement system created by this Article 9 of the Illinois
22 Pension code, for such service because of ineligibility for
23 participation and has no equity or rights in such retirement
24 system because of such service shall be given credit for such
25 service in this fund, provided:
26 (a) The employee shall pay to this fund, while in the
27 service of such county, or while in the service of a
28 governmental unit whose retirement system has adopted the
29 "Retirement Systems Reciprocal Act", such amounts, including
30 interest at the effective rate, as he would have paid to this
31 fund, on the basis of his salary in effect during the service
32 rendered to such other "governmental unit" at the rates
33 prescribed in Section 9 of this Article 9 for the periods of
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1 such service to the end that such service shall be considered
2 as service rendered to such county, with all the rights and
3 conditions attaching to such service and payments; and (b)
4 this Section shall not be applicable to any period of such
5 service for which the employee retains credit in any other
6 public annuity and benefit fund established by Act of the
7 Legislature of this State and in operation for employees of
8 such other "governmental unit" from which such employee was
9 transferred.
10 (Source: P.A. 77-1220; revised 12-18-97.)
11 (40 ILCS 5/9-182) (from Ch. 108 1/2, par. 9-182)
12 Sec. 9-182. Contributions by county for prior service
13 annuities and pensions under former acts.
14 (a) The county, State or federal contributions herein
15 authorized in Section Article 9-169 shall be applied first
16 for the purposes of this Article 9 other than those stated in
17 this Section.
18 The balance of the sum produced from such contributions
19 shall be applied for the following purposes:
20 1. "An Act to provide for the formation and
21 disbursement of a pension fund in counties having a
22 population of 150,000 or more inhabitants, for the
23 benefit of officers and employees in the service of such
24 counties", approved June 29, 1915, as amended;
25 2. Section 9-225 of this Article;
26 3. To meet such part of any minimum annuity as
27 shall be in excess of the age and service annuity and
28 prior service annuity, and to meet such part of any
29 minimum widow's annuity in excess of the amount of
30 widow's annuity and widow's prior service annuity also
31 for the purpose of providing the county cost of automatic
32 increases in annuity after retirement in accordance with
33 Section 9-133 and for any other purpose for which moneys
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1 are not otherwise provided in this Article;
2 4. To provide a sufficient balance in the
3 investment and interest reserve to permit a transfer from
4 that reserve to other reserves of the fund;
5 5. To credit to the county contribution reserve
6 such amounts required from the county but not contributed
7 by it for age and service and prior service annuities,
8 and widows' and widows' prior service annuities.
9 (b) All such contributions shall be credited to the
10 prior service annuity reserve. When the balance of this
11 reserve equals its liabilities (including in addition to all
12 other liabilities, the present values of all annuities,
13 present or prospective, according to the applicable mortality
14 tables and rates of interest), the county shall cease to
15 contribute the sum stated in this Section. Whenever the
16 balance of the investment and interest reserve is not
17 sufficient to permit a transfer from that reserve to any
18 other reserve, the county shall contribute sums sufficient to
19 make possible such transfer; provided, that if annexation of
20 territory and the employment by the county of any county
21 employee of any such territory at the time of annexation,
22 after the county has ceased to contribute as herein provided
23 results in additional liabilities for prior service annuity
24 and widow's prior service annuity for any such employee,
25 contributions by the county for such purposes shall be
26 resumed.
27 (Source: P. A. 78-656; revised 8-8-97.)
28 (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
29 Sec. 11-167. Refunds in lieu of annuity. In lieu of an
30 annuity, an employee who withdraws, and whose annuity would
31 amount to less than $300 a month for life may elect to
32 receive a refund of the total sum accumulated to his credit
33 from employee contributions for annuity purposes.
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1 The widow of any employee, eligible for annuity upon the
2 death of her husband, whose annuity would amount to less than
3 $300 a month for life, may, in lieu of a widow's annuity,
4 elect to receive a refund of the accumulated contributions
5 for annuity purposes, based on the amounts contributed by her
6 deceased employee husband, but reduced by any amounts
7 theretofore paid to him in the form of an annuity or refund
8 out of such accumulated contributions.
9 Accumulated contributions shall mean the amounts
10 including interest credited thereon contributed by the
11 employee for age and service and widow's annuity to the date
12 of his withdrawal or death, whichever first occurs, and
13 including the accumulations from any amounts contributed for
14 him as salary deductions while receiving duty disability
15 benefits; provided that such amounts contributed by the city
16 after December 31, 1983 while the employee is receiving duty
17 disability benefits shall not be included.
18 The acceptance of such refund in of lieu of widow's
19 annuity, on the part of a widow, shall not deprive a child or
20 children of the right to receive a child's annuity as
21 provided for in Sections 11-153 and 11-154 of this Article,
22 and neither shall the payment of a child's annuity in the
23 case of such refund to a widow reduce the amount herein set
24 forth as refundable to such widow electing a refund in lieu
25 of widow's annuity.
26 (Source: P.A. 86-1488; revised 12-18-97.)
27 (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
28 Sec. 11-221.1. Right of employees to contribute for
29 certain other service. Any employee in the service, after
30 having made contributions covering a period of 10 ten or more
31 years to the annuity and benefit fund herein provided for,
32 may elect to pay for and receive credit for all annuity
33 purposes for service theretofore rendered by the employee him
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1 to the Chicago Transit Authority created by the "Metropolitan
2 Transit Authority Act", approved April 12, 1945, as amended;
3 provided, that if the such employee has more than 10 ten
4 years of such service, only the last 10 ten years of such
5 service shall be credited. Such service credit may be paid
6 for and granted on the same basis and conditions as are
7 applicable in the case of employees who make payment for past
8 service under the provisions of Section the immediately
9 preceding Sec. 11-221, but on the assumption that the such
10 employee's salary throughout all of his or her service with
11 the such Authority was at the rate of the employee's his
12 salary at the date of his or her entrance into the service as
13 an employee. In no event, however, shall such service be
14 credited if the such employee has not forfeited and
15 relinquished pension credit for service covering such period
16 under any pension or retirement plan applicable to the such
17 Authority and instituted and maintained by the such Authority
18 for the benefit of its employees.
19 (Source: P. A. 77-1761; revised 8-8-97.)
20 (40 ILCS 5/12-124) (from Ch. 108 1/2, par. 12-124)
21 Sec. 12-124. Fixation of service annuity, prior service
22 annuity or surviving spouse's annuity; limitation on
23 reversionary annuity.
24 "Fixation of annuity": As applied to a service annuity
25 or prior service annuity or a surviving spouse's spouses's
26 annuity, the final determination of the such annuity at the
27 date of retirement.
28 A reversionary annuity calculated after January 1, 1990
29 may not be more than 75% of the service annuity granted to
30 the employee annuitant on the date of retirement unless the
31 minimum annuity to the surviving spouse payable under Section
32 12-135.1 exceeds the 75% maximum payable, in which case the
33 minimum will be payable.
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1 (Source: P.A. 86-272; 87-1265; revised 7-17-97.)
2 (40 ILCS 5/14-103.13) (from Ch. 108 1/2, par. 14-103.13)
3 Sec. 14-103.13. Membership service. "Membership
4 service": Service rendered while a member of the System for
5 which credit is allowable under this Article, and for persons
6 entering service on or after January 1, 1984, or after July
7 1, 1982 in the case of an emergency or temporary employee as
8 defined in Sections 8b.8 and 8b.9 8b8 and 8b9 of the
9 "Personnel Code", service rendered as an employee before
10 becoming a member, if credit for such service is received
11 pursuant to Section 14-104.5.
12 (Source: P.A. 83-430; revised 8-8-97.)
13 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
14 Sec. 14-104. Service for which contributions permitted.
15 Contributions provided for in this Section shall cover the
16 period of service granted, and be based upon employee's
17 compensation and contribution rate in effect on the date he
18 last became a member of the System; provided that for all
19 employment prior to January 1, 1969 the contribution rate
20 shall be that in effect for a noncovered employee on the date
21 he last became a member of the System. Contributions
22 permitted under this Section shall include regular interest
23 from the date an employee last became a member of the System
24 to date of payment.
25 These contributions must be paid in full before
26 retirement either in a lump sum or in installment payments in
27 accordance with such rules as may be adopted by the board.
28 (a) Any member may make contributions as required in
29 this Section for any period of service, subsequent to the
30 date of establishment, but prior to the date of membership.
31 (b) Any employee who had been previously excluded from
32 membership because of age at entry and subsequently became
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1 eligible may elect to make contributions as required in this
2 Section for the period of service during which he was
3 ineligible.
4 (c) An employee of the Department of Insurance who,
5 after January 1, 1944 but prior to becoming eligible for
6 membership, received salary from funds of insurance companies
7 in the process of rehabilitation, liquidation, conservation
8 or dissolution, may elect to make contributions as required
9 in this Section for such service.
10 (d) Any employee who rendered service in a State office
11 to which he was elected, or rendered service in the elective
12 office of Clerk of the Appellate Court prior to the date he
13 became a member, may make contributions for such service as
14 required in this Section. Any member who served by
15 appointment of the Governor under the Civil Administrative
16 Code of Illinois and did not participate in this System may
17 make contributions as required in this Section for such
18 service.
19 (e) Any person employed by the United States government
20 or any instrumentality or agency thereof from January 1, 1942
21 through November 15, 1946 as the result of a transfer from
22 State service by executive order of the President of the
23 United States shall be entitled to prior service credit
24 covering the period from January 1, 1942 through December 31,
25 1943 as provided for in this Article and to membership
26 service credit for the period from January 1, 1944 through
27 November 15, 1946 by making the contributions required in
28 this Section. A person so employed on January 1, 1944 but
29 whose employment began after January 1, 1942 may qualify for
30 prior service and membership service credit under the same
31 conditions.
32 (f) An employee of the Department of Labor of the State
33 of Illinois who performed services for and under the
34 supervision of that Department prior to January 1, 1944 but
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1 who was compensated for those services directly by federal
2 funds and not by a warrant of the Auditor of Public Accounts
3 paid by the State Treasurer may establish credit for such
4 employment by making the contributions required in this
5 Section. An employee of the Department of Agriculture of the
6 State of Illinois, who performed services for and under the
7 supervision of that Department prior to June 1, 1963, but was
8 compensated for those services directly by federal funds and
9 not paid by a warrant of the Auditor of Public Accounts paid
10 by the State Treasurer, and who did not contribute to any
11 other public employee retirement system for such service, may
12 establish credit for such employment by making the
13 contributions required in this Section.
14 (g) Any employee who executed a waiver of membership
15 within 60 days prior to January 1, 1944 may, at any time
16 while in the service of a department, file with the board a
17 rescission of such waiver. Upon making the contributions
18 required by this Section, the member shall be granted the
19 creditable service that would have been received if the
20 waiver had not been executed.
21 (h) Until May 1, 1990, an employee who was employed on a
22 full-time basis by a regional planning commission for at
23 least 5 continuous years may establish creditable service for
24 such employment by making the contributions required under
25 this Section, provided that any credits earned by the
26 employee in the commission's retirement plan have been
27 terminated.
28 (i) Any person who rendered full time contractual
29 services to the General Assembly as a member of a legislative
30 staff may establish service credit for up to 8 years of such
31 services by making the contributions required under this
32 Section, provided that application therefor is made not later
33 than July 1, 1991.
34 (j) By paying the contributions otherwise required under
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1 this Section, plus an amount determined by the Board to be
2 equal to the employer's normal cost of the benefit plus
3 interest, an employee may establish service credit for a
4 period of up to 2 years spent in active military service for
5 which he does not qualify for credit under Section 14-105,
6 provided that (1) he was not dishonorably discharged from
7 such military service, and (2) the amount of service credit
8 established by a member under this subsection (j), when added
9 to the amount of military service credit granted to the
10 member under subsection (b) of Section 14-105, shall not
11 exceed 5 years.
12 (k) An employee who was employed on a full-time basis by
13 the Illinois State's Attorneys Association Statewide
14 Appellate Assistance Service LEAA-ILEC grant project prior to
15 the time that project became the State's Attorneys Appellate
16 Service Commission, now the Office of the State's Attorneys
17 Appellate Prosecutor, an agency of State government, may
18 establish creditable service for not more than 60 months
19 service for such employment by making contributions required
20 under this Section.
21 (l) By paying the contributions otherwise required under
22 this Section, plus an amount determined by the Board to be
23 equal to the employer's normal cost of the benefit plus
24 interest, a member may establish service credit for periods
25 of less than one year spent on authorized leave of absence
26 from service, provided that (1) the period of leave began on
27 or after January 1, 1982 and (2) any credit established by
28 the member for the period of leave in any other public
29 employee retirement system has been terminated. A member may
30 establish service credit under this subsection for more than
31 one period of authorized leave, and in that case the total
32 period of service credit established by the member under this
33 subsection may exceed one year.
34 (m) (l) Any person who rendered contractual services to
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1 a member of the General Assembly as a worker in the member's
2 district office may establish creditable service for up to 3
3 years of those contractual services by making the
4 contributions required under this Section. The System shall
5 determine a full-time salary equivalent for the purpose of
6 calculating the required contribution. To establish credit
7 under this subsection, the applicant must apply to the System
8 by March 1, 1998.
9 (n) (l) Any person who rendered contractual services to
10 a member of the General Assembly as a worker providing
11 constituent services to persons in the member's district may
12 establish creditable service for up to 8 years of those
13 contractual services by making the contributions required
14 under this Section. The System shall determine a full-time
15 salary equivalent for the purpose of calculating the required
16 contribution. To establish credit under this subsection, the
17 applicant must apply to the System by March 1, 1998.
18 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
19 90-511, eff. 8-22-97; revised 9-5-97.)
20 (40 ILCS 5/14-104.5) (from Ch. 108 1/2, par. 14-104.5)
21 Sec. 14-104.5. A member who enters service on or after
22 January 1, 1984, or after July 1, 1982 as an emergency or
23 temporary employee, as defined in Sections 8b.8 and 8b.9 8b8
24 and 8b9 of the "Personnel Code", may receive membership
25 service credit for periods of employment during which he or
26 she was an employee but not a member by making contributions
27 for such periods based on his or her compensation and the
28 contribution rate in effect when he or she last became a
29 member of the System, plus regular interest thereon to the
30 date of payment unless such payment is made within the first
31 6 months after becoming a member or prior to July 1, 1984.
32 (Source: P.A. 83-430; revised 8-8-97.)
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1 (40 ILCS 5/14-104.10)
2 Sec. 14-104.10. Federal or out-of-state employment. A
3 contributing employee may establish additional service credit
4 for periods of full-time employment by the federal government
5 or a unit of state or local government located outside
6 Illinois for which he or she does not qualify for credit
7 under any other provision of this Article, provided that (i)
8 the amount of service credit established by a person under
9 this Section shall not exceed 8 years or 40% of his or her
10 membership service under this Article, whichever is less,
11 (ii) the amount of service credit established by a person
12 under this Section for federal employment, when added to the
13 amount of all military service credit granted to the person
14 under this Article, shall not exceed 8 years, and (iii) any
15 credit received for the federal or out-of-state employment in
16 any federal or other public employee pension fund or
17 retirement system has been terminated or relinquished.
18 Credit may not be established under this Section for any
19 period of military service or for any period for which credit
20 has been or may be established under Section 14-110 or any
21 other provision of this Article.
22 In order to establish service credit under this Section,
23 the applicant must submit a written application to the System
24 by June 30, 1998, including documentation of the federal or
25 out-of-state employment satisfactory to the Board, and pay to
26 the System (1) employee contributions at the rates provided
27 in this Article based upon the person's salary on the last
28 day as a participating employee prior to the federal or
29 out-of-state employment, or on the first day as a
30 participating employee after that employment, whichever is
31 greater, plus (2) an amount determined by the Board to be
32 equal to the employer's normal cost of the benefits accrued
33 for that employment, plus (3) regular interest on items (1)
34 and (2) from the date of conclusion of the employment to the
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1 date of payment.
2 (Source: P.A. 90-32, eff. 6-27-97.)
3 (40 ILCS 5/14-104.11)
4 Sec. 14-104.11. 14-104.10. Illinois Development Finance
5 Authority. An employee may establish creditable service for
6 periods prior to the date upon which the Illinois Development
7 Finance Authority first becomes a department (as defined in
8 Section 14-103.04) during which he or she was employed by the
9 Illinois Development Finance Authority or the Illinois
10 Industrial Development Authority, by applying in writing and
11 paying to the System an amount equal to (i) employee
12 contributions for the period for which credit is being
13 established, based upon the employee's compensation and the
14 applicable contribution rate in effect on the date he or she
15 last became a member of the System, plus (ii) the employer's
16 normal cost of the credit established, plus (iii) interest on
17 the amounts in items (i) and (ii) at the rate of 2.5% per
18 year, compounded annually, from the date the applicant last
19 became a member of the System to the date of payment. This
20 payment must be paid in full before retirement, either in a
21 lump sum or in installment payments in accordance with the
22 rules of the Board.
23 (Source: P.A. 90-511, eff. 8-22-97; revised 10-20-97.)
24 (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
25 Sec. 14-108. Amount of retirement annuity. A member who
26 has contributed to the System for at least 12 months shall be
27 entitled to a prior service annuity for each year of
28 certified prior service credited to him, except that a member
29 shall receive 1/3 of the prior service annuity for each year
30 of service for which contributions have been made and all of
31 such annuity shall be payable after the member has made
32 contributions for a period of 3 years. Proportionate amounts
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1 shall be payable for service of less than a full year after
2 completion of at least 12 months.
3 The total period of service to be considered in
4 establishing the measure of prior service annuity shall
5 include service credited in the Teachers' Retirement System
6 of the State of Illinois and the State Universities
7 Retirement System for which contributions have been made by
8 the member to such systems; provided that at least 1 year of
9 the total period of 3 years prescribed for the allowance of a
10 full measure of prior service annuity shall consist of
11 membership service in this system for which credit has been
12 granted.
13 (a) In the case of a member who retires on or after
14 January 1, 1998 and is a noncovered employee, the retirement
15 annuity for membership service and prior service shall be
16 2.2% of final average compensation for each year of service.
17 Any service credit established as a covered employee shall be
18 computed as stated in paragraph (b).
19 (b) In the case of a member who retires on or after
20 January 1, 1998 and is a covered employee, the retirement
21 annuity for membership service and prior service shall be
22 computed as stated in paragraph (a) for all service credit
23 established as a noncovered employee; for service credit
24 established as a covered employee it shall be 1.67% of final
25 average compensation for each year of service.
26 (c) For a member with 30 but less than 35 years of
27 creditable service retiring after attaining age 55 but before
28 age 60, the retirement annuity shall be reduced by 1/2 of 1%
29 for each month that the member's age is under age 60 at the
30 time of retirement.
31 (d) A retirement annuity shall not exceed 75% of final
32 average compensation, subject to such extension as may result
33 from the application of Section 14-114 or Section 14-115.
34 (e) The retirement annuity payable to any covered
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1 employee who is a member of the System and in service on
2 January 1, 1969, or in service thereafter in 1969 as a result
3 of legislation enacted by the Illinois General Assembly
4 transferring the member to State employment from county
5 employment in a county Department of Public Aid in counties
6 of 3,000,000 or more population, under a plan of coordination
7 with the Old Age, Survivors and Disability provisions
8 thereof, if not fully insured for Old Age Insurance payments
9 under the Federal Old Age, Survivors and Disability Insurance
10 provisions at the date of acceptance of a retirement annuity,
11 shall not be less than the amount for which the member would
12 have been eligible if coordination were not applicable.
13 (f) The retirement annuity payable to any covered
14 employee who is a member of the System and in service on
15 January 1, 1969, or in service thereafter in 1969 as a result
16 of the legislation designated in the immediately preceding
17 paragraph, if fully insured for Old Age Insurance payments
18 under the Federal Social Security Act at the date of
19 acceptance of a retirement annuity, shall not be less than an
20 amount which when added to the Primary Insurance Benefit
21 payable to the member upon attainment of age 65 under such
22 Federal Act, will equal the annuity which would otherwise be
23 payable if the coordinated plan of coverage were not
24 applicable.
25 (g) In the case of a member who is a noncovered
26 employee, the retirement annuity for membership service as a
27 security employee of the Department of Corrections or
28 security employee of the Department of Human Services shall
29 be 1.9% of final average compensation for each of the first
30 10 years of service; 2.1% for each of the next 10 years of
31 service; 2.25% for each year of service in excess of 20 but
32 not exceeding 30; and 2.5% for each year in excess of 30;
33 except that the annuity may be calculated under subsection
34 (a) rather than this subsection (g) if the resulting annuity
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1 is greater.
2 (h) In the case of a member who is a covered employee,
3 the retirement annuity for membership service as a security
4 employee of the Department of Corrections or security
5 employee of the Department of Human Services shall be 1.67%
6 of final average compensation for each of the first 10 years
7 of service; 1.90% for each of the next 10 years of service;
8 2.10% for each year of service in excess of 20 but not
9 exceeding 30; and 2.30% for each year in excess of 30.
10 (i) For the purposes of this Section and Section 14-133
11 of this Act, the term "security employee of the Department of
12 Corrections" and the term "security employee of the
13 Department of Human Services" shall have the meanings
14 ascribed to them in subsection (c) of Section 14-110.
15 (j) The retirement annuity computed pursuant to
16 paragraphs (g) or (h) shall be applicable only to those
17 security employees of the Department of Corrections and
18 security employees of the Department of Human Services who
19 have at least 20 years of membership service and who are not
20 eligible for the alternative retirement annuity provided
21 under Section 14-110. However, persons transferring to this
22 System under Section 14-108.2 who have service credit under
23 Article 16 of this Code may count such service toward
24 establishing their eligibility under the 20-year service
25 requirement of this subsection; but such service may be used
26 only for establishing such eligibility, and not for the
27 purpose of increasing or calculating any benefit.
28 (k) (Blank).
29 (l) The changes to this Section made by this amendatory
30 Act of 1997 (changing certain retirement annuity formulas
31 from a stepped rate to a flat rate) apply to members who
32 retire on or after January 1, 1998, without regard to whether
33 employment terminated before the effective date of this
34 amendatory Act of 1997. An annuity shall not be calculated
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1 in steps by using the new flat rate for some steps and the
2 superseded stepped rate for other steps of the same type of
3 service.
4 (Source: P.A. 89-507, eff. 7-1-97; 90-65, eff. 7-7-97;
5 90-448, eff. 8-16-97; revised 11-17-97.)
6 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
7 Sec. 15-106. Employer. "Employer": The University of
8 Illinois, Southern Illinois University, Chicago State
9 University, Eastern Illinois University, Governors State
10 University, Illinois State University, Northeastern Illinois
11 University, Northern Illinois University, Western Illinois
12 University, the State Board of Higher Education, the Illinois
13 Mathematics and Science Academy, the State Geological Survey
14 Division of the Department of Natural Resources, the State
15 Natural History Survey Division of the Department of Natural
16 Resources, the State Water Survey Division of the Department
17 of Natural Resources, the Waste Management and Research
18 Center of the Department of Natural Resources, the University
19 Civil Service Merit Board, the Board of Trustees of the State
20 Universities Retirement System, the Illinois Community
21 College Board, State Community College of East St. Louis,
22 community college boards, any association of community
23 college boards organized under Section 3-55 of the Public
24 Community College Act, the Board of Examiners established
25 under the Illinois Public Accounting Act, and, only during
26 the period for which employer contributions required under
27 Section 15-155 are paid, the following organizations: the
28 alumni associations, the foundations and the athletic
29 associations which are affiliated with the universities and
30 colleges included in this Section as employers. A department
31 as defined in Section 14-103.04 is an employer for any person
32 appointed by the Governor under the Civil Administrative Code
33 of Illinois who is a participating employee as defined in
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1 Section 15-109.
2 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
3 eff. 8-17-97; 90-511, eff. 8-22-97; revised 11-17-97.)
4 (40 ILCS 5/15-134) (from Ch. 108 1/2, par. 15-134)
5 Sec. 15-134. Participant.
6 (a) Each person shall, as a condition of employment,
7 become a participant and be subject to this Article on the
8 date that he or she becomes an employee, makes an election to
9 participate in, or otherwise becomes a participant in one of
10 the retirement programs offered under this Article, whichever
11 date is later.
12 An employee who becomes a participant shall continue to
13 be a participant until he or she becomes an annuitant, dies
14 or accepts a refund of contributions, except that a person
15 shall not be deemed a participant while participating in an
16 optional program for part-time workers established under
17 Section 15-158.1.
18 (b) A person employed concurrently by 2 or more
19 employers is eligible to participate in the system on
20 compensation received from all employers.
21 (Source: P.A. 89-430, eff. 12-15-95; 90-65, eff. 7-7-97;
22 90-448, eff. 8-16-97; revised 11-17-97.)
23 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
24 Sec. 15-136. Retirement annuities - Amount.
25 (a) The amount of the retirement annuity shall be
26 determined by whichever of the following rules is applicable
27 and provides the largest annuity:
28 Rule 1: The retirement annuity shall be 1.67% of final
29 rate of earnings for each of the first 10 years of service,
30 1.90% for each of the next 10 years of service, 2.10% for
31 each year of service in excess of 20 but not exceeding 30,
32 and 2.30% for each year in excess of 30; or for persons who
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1 retire on or after January 1, 1998, 2.2% of the final rate of
2 earnings for each year of service. However, except that the
3 annuity for those persons having made an election under
4 Section 15-154(a-1) shall be calculated and payable under the
5 portable retirement benefit program pursuant to the
6 provisions of Section 15-136.4.
7 Rule 2: The retirement annuity shall be the sum of the
8 following, determined from amounts credited to the
9 participant in accordance with the actuarial tables and the
10 prescribed rate of interest in effect at the time the
11 retirement annuity begins:
12 (i) The normal annuity which can be provided on an
13 actuarially equivalent basis, by the accumulated normal
14 contributions as of the date the annuity begins; and
15 (ii) an annuity from employer contributions of an
16 amount which can be provided on an actuarially equivalent
17 basis from the accumulated normal contributions made by
18 the participant under Section 15-113.6 and Section
19 15-113.7 plus 1.4 times all other accumulated normal
20 contributions made by the participant, except that the
21 annuity for those persons having made an election under
22 Section 15-154(a-1) shall be calculated and payable under
23 the portable retirement benefit program pursuant to the
24 provisions of Section 15-136.4.
25 Rule 3: The retirement annuity of a participant who is
26 employed at least one-half time during the period on which
27 his or her final rate of earnings is based, shall be equal to
28 the participant's years of service not to exceed 30,
29 multiplied by (1) $96 if the participant's final rate of
30 earnings is less than $3,500, (2) $108 if the final rate of
31 earnings is at least $3,500 but less than $4,500, (3) $120 if
32 the final rate of earnings is at least $4,500 but less than
33 $5,500, (4) $132 if the final rate of earnings is at least
34 $5,500 but less than $6,500, (5) $144 if the final rate of
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1 earnings is at least $6,500 but less than $7,500, (6) $156 if
2 the final rate of earnings is at least $7,500 but less than
3 $8,500, (7) $168 if the final rate of earnings is at least
4 $8,500 but less than $9,500, and (8) $180 if the final rate
5 of earnings is $9,500 or more, except that the annuity for
6 those persons having made an election under Section
7 15-154(a-1) shall be calculated and payable under the
8 portable retirement benefit program pursuant to the
9 provisions of Section 15-136.4.
10 Rule 4: A participant who is at least age 50 and has 25
11 or more years of service as a police officer or firefighter,
12 and a participant who is age 55 or over and has at least 20
13 but less than 25 years of service as a police officer or
14 firefighter, shall be entitled to a retirement annuity of 2
15 1/4% of the final rate of earnings for each of the first 10
16 years of service as a police officer or firefighter, 2 1/2%
17 for each of the next 10 years of service as a police officer
18 or firefighter, and 2 3/4% for each year of service as a
19 police officer or firefighter in excess of 20, except that
20 the annuity for those persons having made an election under
21 Section 15-154(a-1) shall be calculated and payable under the
22 portable retirement benefit program pursuant to the
23 provisions of Section 15-136.4. The retirement annuity for
24 all other service shall be computed under Rule 1, payable
25 under the portable retirement benefit program pursuant to the
26 provisions of Section 15-136.4, if applicable.
27 (b) The retirement annuity provided under Rules 1 and 3
28 above shall be reduced by 1/2 of 1% for each month the
29 participant is under age 60 at the time of retirement.
30 However, this reduction shall not apply in the following
31 cases:
32 (1) For a disabled participant whose disability
33 benefits have been discontinued because he or she has
34 exhausted eligibility for disability benefits under
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1 clause (6) of Section 15-152;
2 (2) For a participant who has at least the number
3 of years of service required to retire at any age under
4 subsection (a) of Section 15-135; or
5 (3) For that portion of a retirement annuity which
6 has been provided on account of service of the
7 participant during periods when he or she performed the
8 duties of a police officer or firefighter, if these
9 duties were performed for at least 5 years immediately
10 preceding the date the retirement annuity is to begin.
11 (c) The maximum retirement annuity provided under Rules
12 1, 2, and 4 shall be the lesser of (1) the annual limit of
13 benefits as specified in Section 415 of the Internal Revenue
14 Code of 1986, as such Section may be amended from time to
15 time and as such benefit limits shall be adjusted by the
16 Commissioner of Internal Revenue, and (2) 80% of final rate
17 of earnings.
18 (d) An annuitant whose status as an employee terminates
19 after August 14, 1969 shall receive automatic increases in
20 his or her retirement annuity as follows:
21 Effective January 1 immediately following the date the
22 retirement annuity begins, the annuitant shall receive an
23 increase in his or her monthly retirement annuity of 0.125%
24 of the monthly retirement annuity provided under Rule 1, Rule
25 2, Rule 3, or Rule 4, contained in this Section, multiplied
26 by the number of full months which elapsed from the date the
27 retirement annuity payments began to January 1, 1972, plus
28 0.1667% of such annuity, multiplied by the number of full
29 months which elapsed from January 1, 1972, or the date the
30 retirement annuity payments began, whichever is later, to
31 January 1, 1978, plus 0.25% of such annuity multiplied by the
32 number of full months which elapsed from January 1, 1978, or
33 the date the retirement annuity payments began, whichever is
34 later, to the effective date of the increase.
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1 The annuitant shall receive an increase in his or her
2 monthly retirement annuity on each January 1 thereafter
3 during the annuitant's life of 3% of the monthly annuity
4 provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
5 this Section. The change made under this subsection by P.A.
6 81-970 is effective January 1, 1980 and applies to each
7 annuitant whose status as an employee terminates before or
8 after that date.
9 Beginning January 1, 1990, all automatic annual increases
10 payable under this Section shall be calculated as a
11 percentage of the total annuity payable at the time of the
12 increase, including all increases previously granted under
13 this Article.
14 The change made in this subsection by P.A. 85-1008 is
15 effective January 26, 1988, and is applicable without regard
16 to whether status as an employee terminated before that date.
17 (e) If, on January 1, 1987, or the date the retirement
18 annuity payment period begins, whichever is later, the sum of
19 the retirement annuity provided under Rule 1 or Rule 2 of
20 this Section and the automatic annual increases provided
21 under the preceding subsection or Section 15-136.1, amounts
22 to less than the retirement annuity which would be provided
23 by Rule 3, the retirement annuity shall be increased as of
24 January 1, 1987, or the date the retirement annuity payment
25 period begins, whichever is later, to the amount which would
26 be provided by Rule 3 of this Section. Such increased amount
27 shall be considered as the retirement annuity in determining
28 benefits provided under other Sections of this Article. This
29 paragraph applies without regard to whether status as an
30 employee terminated before the effective date of this
31 amendatory Act of 1987, provided that the annuitant was
32 employed at least one-half time during the period on which
33 the final rate of earnings was based.
34 (f) A participant is entitled to such additional annuity
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1 as may be provided on an actuarially equivalent basis, by any
2 accumulated additional contributions to his or her credit.
3 However, the additional contributions made by the participant
4 toward the automatic increases in annuity provided under this
5 Section shall not be taken into account in determining the
6 amount of such additional annuity.
7 (g) If, (1) by law, a function of a governmental unit,
8 as defined by Section 20-107 of this Code, is transferred in
9 whole or in part to an employer, and (2) a participant
10 transfers employment from such governmental unit to such
11 employer within 6 months after the transfer of the function,
12 and (3) the sum of (A) the annuity payable to the participant
13 under Rule 1, 2, or 3 of this Section (B) all proportional
14 annuities payable to the participant by all other retirement
15 systems covered by Article 20, and (C) the initial primary
16 insurance amount to which the participant is entitled under
17 the Social Security Act, is less than the retirement annuity
18 which would have been payable if all of the participant's
19 pension credits validated under Section 20-109 had been
20 validated under this system, a supplemental annuity equal to
21 the difference in such amounts shall be payable to the
22 participant.
23 (h) On January 1, 1981, an annuitant who was receiving a
24 retirement annuity on or before January 1, 1971 shall have
25 his or her retirement annuity then being paid increased $1
26 per month for each year of creditable service. On January 1,
27 1982, an annuitant whose retirement annuity began on or
28 before January 1, 1977, shall have his or her retirement
29 annuity then being paid increased $1 per month for each year
30 of creditable service.
31 (i) On January 1, 1987, any annuitant whose retirement
32 annuity began on or before January 1, 1977, shall have the
33 monthly retirement annuity increased by an amount equal to 8¢
34 per year of creditable service times the number of years that
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1 have elapsed since the annuity began.
2 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
3 eff. 8-16-97; revised 8-21-97.)
4 (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
5 Sec. 15-157. Employee Contributions.
6 (a) Each participating employee shall make contributions
7 towards the retirement annuity of each payment of earnings
8 applicable to employment under this system on and after the
9 date of becoming a participant as follows: Prior to
10 September 1, 1949, 3 1/2% of earnings; from September 1, 1949
11 to August 31, 1955, 5%; from September 1, 1955 to August 31,
12 1969, 6%; from September 1, 1969, 6 1/2%. These
13 contributions are to be considered as normal contributions
14 for purposes of this Article.
15 Each participant who is a police officer or firefighter
16 shall make normal contributions of 8% of each payment of
17 earnings applicable to employment as a police officer or
18 firefighter under this system on or after September 1, 1981,
19 unless he or she files with the board within 60 days after
20 the effective date of this amendatory Act of 1991 or 60 days
21 after the board receives notice that he or she is employed as
22 a police officer or firefighter, whichever is later, a
23 written notice waiving the retirement formula provided by
24 Rule 4 of Section 15-136. This waiver shall be irrevocable.
25 If a participant had met the conditions set forth in Section
26 15-132.1 prior to the effective date of this amendatory Act
27 of 1991 but failed to make the additional normal
28 contributions required by this paragraph, he or she may elect
29 to pay the additional contributions plus compound interest at
30 the effective rate. If such payment is received by the
31 board, the service shall be considered as police officer
32 service in calculating the retirement annuity under Rule 4 of
33 Section 15-136.
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1 (b) Starting September 1, 1969, each participating
2 employee shall make additional contributions of 1/2 of 1% of
3 earnings to finance a portion of the cost of the annual
4 increases in retirement annuity provided under Section
5 15-136.
6 (c) Each participating employee shall make additional
7 contributions of 1% of earnings applicable under this system
8 on and after August 1, 1959. The contribution made under
9 this subsection shall be used to finance survivors insurance
10 benefits, unless the participant has made an election under
11 Section 15-154(a-1), in which case the contribution made
12 under this subsection shall be used to finance the benefits
13 obtained under that election. Contributions in excess of $80
14 during any fiscal year beginning before August 31, 1969 and
15 in excess of $120 during any fiscal year thereafter until
16 September 1, 1971 shall be considered as additional
17 contributions for purposes of this Article.
18 (d) If the board by board rule so permits and subject to
19 such conditions and limitations as may be specified in its
20 rules, a participant may make other additional contributions
21 of such percentage of earnings or amounts as the participant
22 shall elect in a written notice thereof received by the
23 board.
24 (e) That fraction of a participant's total accumulated
25 normal contributions, the numerator of which is equal to the
26 number of years of service in excess of that which is
27 required to qualify for the maximum retirement annuity, and
28 the denominator of which is equal to the total service of the
29 participant, shall be considered as accumulated additional
30 contributions. The determination of the applicable maximum
31 annuity and the adjustment in contributions required by this
32 provision shall be made as of the date of the participant's
33 retirement.
34 (f) Notwithstanding the foregoing, a participating
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1 employee shall not be required to make contributions under
2 this Section after the date upon which continuance of such
3 contributions would otherwise cause his or her retirement
4 annuity to exceed the maximum retirement annuity as specified
5 in clause (1) of subsection (c) of Section 15-136.
6 (g) A participating employee may make contributions for
7 the purchase of service credit under this Article.
8 (Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97;
9 90-448, eff. 8-16-97; 90-511, eff. 8-22-97; revised
10 11-14-97.)
11 (40 ILCS 5/15-185) (from Ch. 108 1/2, par. 15-185)
12 Sec. 15-185. Annuities, etc., exempt. The accumulated
13 employee and employer contributions shall be held in trust
14 for each participant and annuitant, and this trust shall be
15 treated as a spendthrift trust. Except as provided in this
16 Article, all cash, securities and other property of this
17 system, all annuities and other benefits payable under this
18 Article and all accumulated credits of participants and
19 annuitants in this system and the right of any person to
20 receive an annuity or other benefit under this Article, or a
21 refund of contributions, shall not be subject to judgment,
22 execution, garnishment, attachment, or other seizure by
23 process, in bankruptcy or otherwise, nor to sale, pledge,
24 mortgage or other alienation, and shall not be assignable.
25 The board, however, may deduct from the benefits, refunds and
26 credits payable to the participant, annuitant or beneficiary,
27 amounts owed by the participant or annuitant to the system.
28 No attempted sale, transfer or assignment of any benefit,
29 refund or credit shall prevent the right of the board to make
30 the deduction and offset authorized in this Section. Any
31 participant or annuitant may authorize the board to deduct
32 from disability benefits or annuities, premiums due under any
33 group hospital-surgical insurance program which is sponsored
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1 or approved by any employer; however, the deductions from
2 disability benefits may not begin prior to 6 months after the
3 disability occurs.
4 A person receiving an annuity or benefit under this
5 Article may also authorize withholding from that such
6 annuity or benefit for the purposes enumerated in and in
7 accordance with the provisions of the State Salary and
8 Annuity Withholding Act.
9 Public Act 86-273 This amendatory Act of 1989 is a
10 clarification of existing law and shall be applicable to
11 every participant and annuitant without regard to whether
12 status as an employee terminates before the effective date of
13 that this amendatory Act of 1989.
14 (Source: P.A. 90-65, eff. 7-7-97; 90-448, eff. 8-16-97;
15 90-511, eff. 8-22-97; revised 11-17-97.)
16 (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
17 Sec. 16-140. Survivors' benefits - definitions.
18 (a) For the purpose of Sections 16-138 through 16-143.2,
19 the following terms shall have the following meanings, unless
20 the context otherwise requires:
21 (1) "Average salary": the average salary for the
22 highest 4 consecutive years within the last 10 years of
23 creditable service immediately preceding date of death or
24 retirement, whichever is applicable, or the average
25 salary for the total creditable service if service is
26 less than 4 years.
27 (2) "Member": any teacher included in the
28 membership of the system. However, a teacher who becomes
29 an annuitant of the system or a teacher whose services
30 terminate after 20 years of service from any cause other
31 than retirement is considered a member, subject to the
32 conditions and limitations stated in this Article.
33 (3) "Dependent beneficiary": (A) a surviving spouse
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1 of a member or annuitant who was married to the member or
2 annuitant for the 12 month period immediately preceding
3 and on the date of death of such member or annuitant,
4 except where a child is born of such marriage, in which
5 case the qualifying period shall not be applicable; (A-1)
6 a surviving spouse of a member or annuitant who (i) was
7 married to the member or annuitant on the date of the
8 member or annuitant's death, (ii) was married to the
9 member or annuitant for a period of at least 12 months
10 (but not necessarily the 12 months immediately preceding
11 the member or annuitant's death), (iii) first applied for
12 a survivor's benefit before April 1, 1997, and (iv) has
13 not received a benefit under subsection (a) of Section
14 16-141 or paragraph (1) of Section 16-142; (B) an
15 eligible child of a member or annuitant; and (C) a
16 dependent parent.
17 Unless otherwise designated by the member,
18 eligibility for benefits shall be in the order named,
19 except that a dependent parent shall be eligible only if
20 there is no other dependent beneficiary. Any benefit to
21 be received by or paid to a dependent beneficiary to be
22 determined under this paragraph as provided in Sections
23 16-141 and 16-142 may be received by or paid to a trust
24 established for such dependent beneficiary if such
25 dependent beneficiary is living at the time such benefit
26 would be received by or paid to such trust.
27 (4) "Eligible child": an unmarried natural or
28 adopted child of the member or annuitant under age 18
29 (age 22 if a full-time student). An unmarried natural or
30 adopted child, regardless of age, who is dependent by
31 reason of a physical or mental disability, except any
32 such child receiving benefits under Article III of the
33 Illinois Public Aid Code, is eligible for so long as such
34 physical or mental disability continues. An adopted
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1 child, however, is eligible only if the proceedings for
2 adoption were finalized while the child was a minor.
3 For purposes of this subsection, "disability" means
4 an inability to engage in any substantial gainful
5 activity by reason of any medically determinable physical
6 or mental impairment which can be expected to result in
7 death or which has lasted or can be expected to last for
8 a continuous period of not less than 12 months.
9 The changes made to this Section by Public Act
10 90-448 this amendatory Act of 1997, relating to benefits
11 for certain unmarried children who are full-time students
12 under age 22, apply without regard to whether the
13 deceased member was in service on or after the effective
14 date of that this amendatory Act of 1997. These changes
15 do not authorize the repayment of a refund or a
16 re-election of benefits, and any benefit or increase in
17 benefits resulting from these changes is not payable
18 retroactively for any period before the effective date of
19 that this amendatory Act of 1997.
20 (5) "Dependent parent": a parent who was receiving
21 at least 1/2 of his or her support from a member or
22 annuitant for the 12-month period immediately preceding
23 and on the date of such member's or annuitant's death,
24 provided however, that such dependent status terminates
25 upon a member's acceptance of a refund for survivor
26 benefit contributions as provided under Section 16-142.
27 (6) "Non-dependent beneficiary": any person,
28 organization or other entity designated by the member who
29 does not qualify as a dependent beneficiary.
30 (7) "In service": the condition of a member being
31 in receipt of salary as a teacher at any time within 12
32 months immediately before his or her death, being on
33 leave of absence for which the member, upon return to
34 teaching, would be eligible to purchase service credit
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1 under subsection (b)(5) of Section 16-127, or being in
2 receipt of a disability or occupational disability
3 benefit. This term does not include any annuitant or
4 member who previously accepted a refund of survivor
5 benefit contributions under paragraph (1) of Section
6 16-142 unless the conditions specified in subsection (b)
7 of Section 16-143.2 are met.
8 (b) The change to this Section made by Public Act 90-511
9 this amendatory Act of 1997 applies without regard to whether
10 the deceased member or annuitant was in service on or after
11 the effective date of that this amendatory Act.
12 (Source: P.A. 89-430, eff. 12-15-95; 90-448, eff. 8-16-97;
13 90-511, eff. 8-22-97; revised 11-17-97.)
14 (40 ILCS 5/17-116.6)
15 Sec. 17-116.6. Early retirement incentives.
16 (a) A teacher who is covered by a collective bargaining
17 agreement shall not be eligible for the early retirement
18 incentives provided under this Section unless the collective
19 bargaining agent and the Board of Education have entered into
20 an agreement under which the agent agrees that any payment
21 for accumulated unused sick days to which the employee is
22 entitled upon withdrawal from service may be paid by the
23 Board of Education in installments over a period of up to 5
24 years, and a copy of this agreement has been filed with the
25 Board of the Fund.
26 (b) To be eligible for the benefits provided in this
27 Section, a person must:
28 (1) be a member of this Fund who is a reserve
29 teacher as defined in Section 34-1.1 of the School Code;
30 (2) have not previously received a bachelor's or
31 more advanced degree from an accredited college or
32 university;
33 (3) have not previously received a retirement
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1 pension under this Article;
2 (4) file with the Board and the Board of Education,
3 by the later of 60 days after the effective date of this
4 amendatory Act of 1993 or 60 days after becoming a
5 reserve teacher, but in no event later than December 31,
6 1995, a written application requesting the benefits
7 provided in this Section;
8 (5) be eligible to receive a retirement pension
9 under this Article (for which purpose any age enhancement
10 or creditable service received under this Section may be
11 used) and elect to receive the retirement pension
12 beginning no earlier than September 1, 1993, and no later
13 than 120 days after becoming a reserve teacher;
14 (6) have attained age 50 (without the use of any
15 age enhancement or creditable service received under this
16 Section) by the effective date of the retirement pension;
17 (7) have at least 5 years of creditable service
18 under this Fund or any of the participating systems under
19 the Retirement Systems Reciprocal Act (without the use of
20 any creditable service received under this Section) by
21 the effective date of the retirement pension.
22 (b) An eligible person may establish up to 5 years of
23 creditable service under this Section. In addition, for each
24 period of creditable service established under this Section,
25 a person's age at retirement shall be deemed to be increased
26 by an equal period.
27 The creditable service established under this Section may
28 be used for all purposes under this Article and the
29 Retirement Systems Reciprocal Act, except for the purposes of
30 Section 17-116.1, and the determination of average salary or
31 compensation under this or any other Article of this Code.
32 The age enhancement established under this Section may be
33 used for all purposes under this Article (including
34 calculation of a proportionate pension payable by this Fund
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1 under the Retirement Systems Reciprocal Act), except for
2 purposes of the reversionary pension under Section 17-120,
3 and distributions required by federal law on account of age.
4 However, age enhancement established under this Section shall
5 not be used in determining benefits payable under other
6 Articles of this Code under the Retirement Systems Reciprocal
7 Act.
8 (c) For all creditable service established under this
9 Section, the employer must pay to the Fund an employer
10 contribution consisting of 12% of the member's highest annual
11 full-time rate of compensation for each year of creditable
12 service granted under this Section.
13 The employer contribution shall be paid to the Fund in
14 one of the following ways: (i) in a single sum at the time
15 of the member's retirement, (ii) in equal quarterly
16 installments over a period of 5 years from the date of
17 retirement, or (iii) subject to the approval of the Board of
18 the Fund, in unequal installments over a period of no more
19 than 5 years from the date of retirement, as provided in a
20 payment plan designed by the Fund to accommodate the needs of
21 the employer. The employer's failure to make the required
22 contributions in a timely manner shall not affect the payment
23 of the retirement pension.
24 For all creditable service established under this
25 Section, the employee must pay to the Fund an employee
26 contribution consisting of 4% of the member's highest annual
27 salary rate used in the determination of the retirement
28 pension for each year of creditable service granted under
29 this Section. The employee contribution shall be deducted
30 from the retirement annuity in 24 monthly installments.
31 (d) An annuitant who has received any age enhancement or
32 creditable service under this Section and whose pension is
33 suspended or cancelled under Section 17-149 or 17-150 shall
34 thereby forfeit the age enhancement and creditable service.
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1 The forfeiture of creditable service under this subsection
2 shall not entitle the employer to a refund of the employer
3 contribution paid under this Section, nor to forgiveness of
4 any part of that contribution that remains unpaid. The
5 forfeiture of creditable service under this subsection shall
6 not entitle the employee to a refund of the employee
7 contribution paid under this Section.
8 (e) A member who receives any early retirement incentive
9 under Section 17-116.3, 17-116.4, or 17-116.5 may not receive
10 any early retirement incentive under this Section.
11 (Source: P.A. 88-511; revised 12-18-97.)
12 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
13 Sec. 17-127. Financing; revenues for the Fund.
14 (a) The revenues for the Fund shall consist of: (1)
15 amounts paid into the Fund by contributors thereto and from
16 employer contributions and State appropriations in accordance
17 with this Article; (2) amounts contributed to the Fund by an
18 Employer; (3) amounts contributed to the Fund pursuant to any
19 law now in force or hereafter to be enacted; (4)
20 contributions from any other source; and (5) the earnings on
21 investments.
22 (b) The General Assembly finds that for many years the
23 State has contributed to the Fund an annual amount that is
24 between 20% and 30% of the amount of the annual State
25 contribution to the Article 16 retirement system, and the
26 General Assembly declares that it is its goal and intention
27 to continue this level of contribution to the Fund in the
28 future.
29 (Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;
30 revised 1-8-98.)
31 (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
32 Sec. 17-129. Employer contributions; deficiency in Fund.
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1 (a) If in any fiscal year of the Board of Education
2 ending prior to 1997 the total amounts paid to the Fund from
3 the Board of Education (other than under this subsection, and
4 other than amounts used for making or "picking up"
5 contributions on behalf of teachers) and from the State do
6 not equal the total contributions made by or on behalf of the
7 teachers for such year, or if the total income of the Fund in
8 any such fiscal year of the Board of Education from all
9 sources is less than the total such expenditures by the Fund
10 for such year, the Board of Education shall, in the next
11 succeeding year, in addition to any other payment to the Fund
12 set apart and appropriate from moneys from its tax levy for
13 educational purposes, a sum sufficient to remove such
14 deficiency or deficiencies, and promptly pay such sum into
15 the Fund in order to restore any of the reserves of the Fund
16 that may have been so temporarily applied. Any amounts
17 received by the Fund after December 4, the effective date of
18 this amendatory Act of 1997 from State appropriations,
19 including under Section 17-127, shall be a credit against and
20 shall fully satisfy any obligation that may have arisen, or
21 be claimed to have arisen, under this subsection (a) as a
22 result of any deficiency or deficiencies in the fiscal year
23 of the Board of Education ending in calendar year 1997.
24 (b) (i) For fiscal years 2011 through 2045, the minimum
25 contribution to the Fund to be made by the Board of Education
26 in each fiscal year shall be an amount determined by the Fund
27 to be sufficient to bring the total assets of the Fund up to
28 90% of the total actuarial liabilities of the Fund by the end
29 of fiscal year 2045. In making these determinations, the
30 required Board of Education contribution shall be calculated
31 each year as a level percentage of the applicable employee
32 payrolls over the years remaining to and including fiscal
33 year 2045 and shall be determined under the projected unit
34 credit actuarial cost method.
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1 (ii) For fiscal years 1999 through 2010, the Board of
2 Education's contribution to the Fund, as a percentage of the
3 applicable employee payroll, shall be increased in equal
4 annual increments so that by fiscal year 2011, the Board of
5 Education is contributing at the rate required under this
6 subsection.
7 (iii) Beginning in fiscal year 2046, the minimum Board
8 of Education contribution for each fiscal year shall be the
9 amount needed to maintain the total assets of the Fund at 90%
10 of the total actuarial liabilities of the Fund.
11 (iv) Notwithstanding the provisions of paragraphs (i),
12 (ii), and (iii) of this subsection (b), for any fiscal year
13 the contribution to the Fund from the Board of Education
14 shall not be required to be in excess of the amount
15 calculated as needed to maintain the assets (or cause the
16 assets to be) at the 90% level by the end of the fiscal year.
17 (v) Any contribution by the State to or for the benefit
18 of the Fund, including, without limitation, as referred to
19 under Section 17-127, shall be a credit against any
20 contribution required to be made by the Board of Education
21 under this subsection (b).
22 (c) The Board shall determine the amount of Board of
23 Education contributions required for each fiscal year on the
24 basis of the actuarial tables and other assumptions adopted
25 by the Board and the recommendations of the actuary, in order
26 to meet the minimum contribution requirements of subsections
27 (a) and (b). Annually, on or before February 28, the Board
28 shall certify to the Board of Education the amount of the
29 required Board of Education contribution for the coming
30 fiscal year. The certification shall include a copy of the
31 actuarial recommendations upon which it is based.
32 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 12-4-97;
33 90-566, eff. 1-2-98; revised 1-8-98.)
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1 (40 ILCS 5/17-156.1) (from Ch. 108 1/2, par. 17-156.1)
2 Sec. 17-156.1. Increases to retired members. A teacher
3 who retired prior to September 1, 1959 on service retirement
4 pension who was at least 55 years of age at date of
5 retirement and had at least 20 years of validated service
6 shall be entitled to receive benefits under this Section.
7 These benefits shall be in an amount equal to 1-1/2% of
8 the total of (1) the initial service retirement pension plus
9 (2) any emeritus payment payable under Sections 34-86 and
10 34-87 of the School Code, approved March 18, 1961, as
11 amended, multiplied by the number of full years on pension.
12 This payment shall begin in January of 1970. An additional
13 1-1/2% shall be added in January of each year thereafter.
14 Beginning January 1, 1972 the rate of increase in the service
15 retirement pension each year shall be 2%. Beginning January
16 1, 1979, the rate of increase in the service retirement
17 pension each year shall be 3%. Beginning January 1, 1990, all
18 automatic annual increases payable under this Section shall
19 be calculated as a percentage of the total pension payable at
20 the time of the increase, including all increases previously
21 granted under this Article, notwithstanding Section 17-157.
22 A pensioner who otherwise qualifies for the aforesaid
23 benefit shall make a one-time payment of 1% of the final
24 monthly average salary multiplied by the number of completed
25 years of service forming the basis of his service retirement
26 pension or, if the pension was not computed according to
27 average salary as defined in Section Sec. 17-116, 1% of the
28 monthly base pension multiplied by each complete year of
29 service forming the basis of his service retirement pension.
30 Unless the pensioner rejects the benefits of this Section,
31 such sum shall be deducted from the pensioner's December 1969
32 pension check and shall not be refundable.
33 (Source: P.A. 86-273; revised 8-8-97.)
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1 Section 49. The Central Midwest Radioactive Waste
2 Compact Act is amended by changing Section 1 as follows:
3 (45 ILCS 140/1) (from Ch. 127, par. 63v-1)
4 Sec. 1. The State of Illinois ratifies and approves the
5 following compact:
6 ARTICLE I. POLICY AND PURPOSE
7 There is created the Central Midwest Interstate Low-Level
8 Radioactive Waste Compact.
9 The states party to this compact recognize that the
10 Congress of the United States, by enacting the Low-Level
11 Radioactive Waste Policy Act (42 U.S.C. 2021), has provided
12 for and encouraged the development of low-level radioactive
13 waste compacts as a tool for managing such waste. The party
14 states also recognize that the management of low-level
15 radioactive waste is handled most efficiently on a regional
16 basis; and, that the safe and efficient management of
17 low-level radioactive waste generated within the region
18 requires that sufficient capacity to manage such waste be
19 properly provided.
20 a) It is the policy of the party states to enter into a
21 regional low-level radioactive waste management compact for
22 the purpose of:
23 1) providing the instrument and framework for a
24 cooperative effort;
25 2) providing sufficient facilities for the proper
26 management of low-level radioactive waste generated in the
27 region;
28 3) protecting the health and safety of the citizens of
29 the region;
30 4) limiting the number of facilities required to manage
31 low-level radioactive waste generated in the region
32 effectively and efficiently;
33 5) promoting the volume and source reduction of
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1 low-level radioactive waste generated in the region;
2 6) distributing the costs, benefits and obligations of
3 successful low-level radioactive waste management equitably
4 among the party states and among generators and other persons
5 who use regional facilities to manage their waste;
6 7) ensuring the ecological and economical management of
7 low-level radioactive waste, including the prohibition of
8 shallow-land burial of waste; and
9 8) promoting the use of above-ground facilities and
10 other disposal technologies providing greater and safer
11 confinement of low-level radioactive waste than shallow-land
12 burial facilities.
13 b) Implicit in the Congressional consent to this compact
14 is the expectation by the Congress and the party states that
15 the appropriate federal agencies will actively assist the
16 Compact Commission and the individual party states to this
17 compact by:
18 1) expeditious enforcement of federal rules, regulations
19 and laws;
20 2) imposition of sanctions against those found to be in
21 violation of federal rules, regulations and laws; and
22 3) timely inspection of their licensees to determine
23 their compliance with these rules, regulations and laws.
24 ARTICLE II. DEFINITIONS
25 As used in this compact, unless the context clearly
26 requires a different construction:
27 a) "Commission" means the Central Midwest Interstate
28 Low-Level Radioactive Waste Commission.
29 b) "Decommissioning" means the measures taken at the end
30 of a facility's operating life to assure the continued
31 protection of the public from any residual radioactivity or
32 other potential hazards present at a facility.
33 c) "Disposal" means the isolation of waste from the
34 biosphere in a permanent facility designed for that purpose.
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1 d) "Eligible state" means either the State of Illinois
2 or the Commonwealth of Kentucky.
3 e) "Extended care" means the continued observation of a
4 facility after closure for the purpose of detecting a need
5 for maintenance, ensuring environmental safety, and
6 determining compliance with applicable licensure and
7 regulatory requirements and includes undertaking any action
8 or clean-up necessary to protect public health and the
9 environment from radioactive releases from a regional
10 facility.
11 f) "Facility" means a parcel of land or site, together
12 with the structures, equipment and improvements on or
13 appurtenant to the land or site, which is used or is being
14 developed for the treatment, storage or disposal of low-level
15 radioactive waste.
16 g) "Generator" means a person who produces or possesses
17 low-level radioactive waste in the course of or incident to
18 manufacturing, power generation, processing, medical
19 diagnosis and treatment, research, or other industrial or
20 commercial activity and who, to the extent required by law,
21 is licensed by the U.S. Nuclear Regulatory Commission or a
22 party state, to produce or possess such waste.
23 h) "Host state" means any party state that is designated
24 by the Commission to host a regional facility.
25 i) "Institutional control" means those activities
26 carried out by the host state to physically control access to
27 the disposal site following transfer of control of the
28 disposal site from the disposal site operator to the state or
29 federal government. These activities must include, but need
30 not be limited to, environmental monitoring, periodic
31 surveillance, minor custodial care, and other necessary
32 activities at the site as determined by the host state, and
33 administration of funds to cover the costs for these
34 activities. The period of institutional control will be
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1 determined by the host state, but institutional control may
2 not be relied upon for more than 100 years following transfer
3 of control of the disposal site to the state or federal
4 government.
5 j) "Long-term liability" means the financial obligation
6 to compensate any person for medical and other expenses
7 incurred from damages to human health, personal injuries
8 suffered from damages to human health and damages or losses
9 to real or personal property, and to provide for the costs
10 for accomplishing any necessary corrective action or clean-up
11 on real or personal property caused by radioactive releases
12 from a regional facility.
13 k) "Low-level radioactive waste" or "waste" means
14 radioactive waste not classified as (1) high-level
15 radioactive waste, (2) transuranic waste, (3) spent nuclear
16 fuel, or (4) by-product material as defined in Section 11e(2)
17 of the Atomic Energy Act of 1954. This definition shall
18 apply notwithstanding any declaration by the federal
19 government, a state or any regulatory agency that any
20 radioactive material is exempt from any regulatory control.
21 l) "Management plan" means the plan adopted by the
22 Commission for the storage, transportation, treatment and
23 disposal of waste within the region.
24 m) "Manifest" means a shipping document identifying the
25 generator of waste, the volume of waste, the quantity of
26 radionuclides in the shipment, and such other information as
27 may be required by the appropriate regulatory agency.
28 n) "Party state" means any eligible state which enacts
29 the compact into law and pays the membership fee.
30 o) "Person" means any individual, corporation, business
31 enterprise or other legal entity, either public or private,
32 and any legal successor, representative, agent or agency of
33 that individual, corporation, business enterprise, or legal
34 entity.
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1 p) "Region" means the geographical area of the party
2 states.
3 q) "Regional facility" means any facility as defined in
4 Article II (f) that is (1) located within the region, and (2)
5 established by a party state pursuant to designation of that
6 state as a host state by the Commission.
7 r) "Shallow-land burial" means a land disposal facility
8 in which radioactive waste is disposed of in or within the
9 upper 30 meters of the earth's surface; however, this
10 definition shall not include an enclosed, engineered,
11 strongly structurally enforced and solidified bunker that
12 extends below the earth's surface.
13 s) "Site" means the geographic location of a facility.
14 t) "Source reduction" means those administrative
15 practices that reduce the radionuclide levels in low-level
16 radioactive waste or that prevent the generation of
17 additional low-level radioactive waste.
18 u) "State" means a state of the United States, the
19 District of Columbia, the Commonwealth of Puerto Rico, the
20 Virgin Islands or any other territorial possession of the
21 United States.
22 v) "Storage" means the temporary holding of waste for
23 treatment or disposal.
24 w) "Treatment" means any method, technique or process,
25 including storage for radioactive decay, designed to change
26 the physical, chemical or biological characteristics or
27 composition of any waste in order to render the waste safer
28 for transport or management, amenable to recovery,
29 convertible to another usable material or reduced in volume.
30 x) "Volume reduction" means those methods including, but
31 not limited to, biological, chemical, mechanical and thermal
32 methods used to reduce the amount of space that waste
33 materials occupy and to put them into a form suitable for
34 storage or disposal.
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1 y) "Waste management" means the source and volume
2 reduction, storage, transportation, treatment or disposal of
3 waste.
4 ARTICLE III. THE COMMISSION
5 a) There is created the Central Midwest Interstate
6 Low-Level Radioactive Waste Commission. Upon the eligible
7 states becoming party states, the Commission shall consist of
8 two voting Commissioners from each state eligible to be
9 designated a host state under Article VI(b), one voting
10 Commissioner from any other party state, and for each
11 regional facility, one non-voting Commissioner who is an
12 elected official of local government and a resident of the
13 county where that regional facility is located. The Governor
14 of each party state shall notify the Commission in writing of
15 its Commissioners and any alternates.
16 b) Each voting Commissioner is entitled to one vote. No
17 action of the Commission is binding unless a majority of the
18 voting membership casts its vote in the affirmative. In
19 addition, no agreement by the Commission under Article
20 III(i)(1), Article III(i)(2), or Article III(i)(3) is valid
21 unless all voting Commissioners from the party state in which
22 the facility where the waste would be sent is located cast
23 their votes in the affirmative.
24 c) The Commission shall elect annually from among its
25 members a chairperson. The Commission shall adopt and
26 publish, in convenient form, by-laws and policies that are
27 not inconsistent with this compact, including procedures that
28 conform with the provisions of the Federal Administrative
29 Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest
30 extent practicable in regard to notice, conduct and recording
31 of meetings; access by the public to records; provision of
32 information to the public; conduct of adjudicatory hearings;
33 and issuance of decisions.
34 d) The Commission shall meet at least once annually and
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1 shall also meet upon the call of any voting Commissioner.
2 e) All meetings of the Commission and its designated
3 committees shall be open to the public with reasonable
4 advance notice. The Commission may, by majority vote, close
5 a meeting to the public for the purpose of considering
6 sensitive personnel or legal strategy matters. However, all
7 Commission actions and decisions shall be made in open
8 meetings and appropriately recorded. A roll call may be
9 required upon request of any voting Commissioner.
10 f) The Commission may establish advisory committees for
11 the purpose of advising the Commission on any matters
12 pertaining to waste management, waste generation and source
13 and volume reduction.
14 g) The Office of the Commission shall be in Illinois.
15 The Commission may appoint or contract for and compensate
16 such staff necessary to carry out its duties and functions.
17 The staff shall serve at the Commission's pleasure with the
18 exception that staff hired as the result of securing federal
19 funds shall be hired and governed under applicable federal
20 statutes and regulations. In selecting any staff, the
21 Commission shall assure that the staff has adequate
22 experience and formal training to carry out the functions
23 assigned to it by the Commission.
24 h) All files, records and data of the Commission shall
25 be open to reasonable public inspection and may be copied
26 upon payment of reasonable fees to be established where
27 appropriate by the Commission, except for information
28 privileged against introduction in judicial proceedings.
29 Such fees may be waived or shall be reduced substantially for
30 not-for-profit organizations.
31 i) The Commission may:
32 1) Enter into an agreement with any person to allow
33 waste from outside the region to be disposed of at facilities
34 in the region. However, no such agreement shall be effective
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1 unless and until ratified by a law enacted by the party state
2 to which the waste would be sent for disposal.
3 2) Enter into an agreement with any person to allow
4 waste described in Article VII(a)(6) to be treated, stored,
5 or disposed of at regional facilities. However, no such
6 agreement shall be effective unless and until ratified by a
7 law enacted by the host state of the regional facility where
8 the waste would be sent for treatment, storage, or disposal.
9 3) Enter into an agreement with any person to allow
10 waste from outside the region to be treated or stored at
11 facilities in the region. However, any such agreement shall
12 be revoked as a matter of law if, within one year of the
13 effective date of the agreement, a law is enacted ordering
14 the revocation by the party state where the waste would be
15 sent for treatment or storage.
16 4) Approve, or enter into an agreement with any person
17 for, the export of waste from the region.
18 5) Approve the disposal of waste generated within the
19 region at a facility in the region other than a regional
20 facility, subject to the limitations of Articles V(f) and
21 VII(a)(6).
22 6) Require that waste generated within the region be
23 treated or stored at available regional facilities, subject
24 to the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
25 7) Appear as an intervenor or party in interest before
26 any court of law or any federal, state or local agency, board
27 or commission in any matter related to waste management. In
28 order to represent its views, the Commission may arrange for
29 any expert testimony, reports, evidence or other
30 participation.
31 8) Review the emergency closure of a regional facility,
32 determine the appropriateness of that closure, and take
33 whatever actions are necessary to ensure that the interests
34 of the region are protected, provided that a party state with
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1 a total volume of waste recorded on low-level radioactive
2 waste manifests for any year that is less than 10 percent of
3 the total volume recorded on such manifests for the region
4 during the same year shall not be designated a host state or
5 be required to store the region's waste. In determining the
6 10 percent exclusion, there shall not be included waste
7 recorded on low-level radioactive waste manifests by a person
8 whose principal business is providing a service by arranging
9 for the collection, transportation, treatment, storage or
10 disposal of such waste.
11 9) Take any action which is appropriate and necessary to
12 perform its duties and functions as provided in this compact.
13 10) Suspend the privileges or revoke the membership of a
14 party state.
15 j) The Commission shall:
16 1) Submit within 10 days of its execution to the
17 governor and the appropriate officers of the legislative body
18 of the party state in which any affected facility is located
19 a copy of any agreement entered into by the Commission under
20 Article III(i)(1), Article III(i)(2) or Article III(i)(3).
21 2) Submit an annual report to, and otherwise communicate
22 with, the governors and the appropriate officers of the
23 legislative bodies of the party states regarding the
24 activities of the Commission. The annual report shall include
25 a description of the status of the activities taken pursuant
26 to any agreement entered into by the Commission under Article
27 III(i)(1), Article III(i)(2) or Article III(i)(3) and any
28 violation of any provision thereof, and a description of the
29 source, volume, activity, and current status of any waste
30 from outside the region or waste described under Article
31 VII(a)(6) that was treated, stored or disposed of in the
32 region in the previous year.
33 3) Hear, negotiate, and, as necessary, resolve by final
34 decision disputes which may arise between the party states
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1 regarding this compact.
2 4) Adopt and amend, as appropriate, a regional
3 management plan that plans for the establishment of needed
4 regional facilities.
5 5) Adopt an annual budget.
6 k) Funding of the budget of the Commission shall be
7 provided as follows:
8 1) Each state, upon becoming a party state, shall pay
9 $50,000 to the Commission which shall be used for the
10 administrative costs of the Commission.
11 2) Each state hosting a regional facility shall levy
12 surcharges on each user of the regional facility based upon
13 its portion of the total volume and characteristics of wastes
14 managed at that facility. The surcharges collected at all
15 regional facilities shall:
16 A) be sufficient to cover the annual budget of the
17 Commission; and
18 B) be paid to the Commission, provided, however, that
19 each host state collecting surcharges may retain a portion of
20 the collection sufficient to cover its administrative costs
21 of collection.
22 l) The Commission shall keep accurate accounts of all
23 receipts and disbursements. The Commission shall contract
24 with an independent certified public accountant to annually
25 audit all receipts and disbursements of Commission funds and
26 to submit an audit report to the Commission. The audit
27 report shall be made a part of the annual report of the
28 Commission required by this Article.
29 m) The Commission may accept for any of its purposes and
30 functions and may utilize and dispose of any donations,
31 grants of money, equipment, supplies, materials and services
32 from any state or the United States (or any subdivision or
33 agency thereof), or interstate agency, or from any
34 institution, person, firm or corporation. The nature, amount
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1 and condition, if any, attendant upon any donation or grant
2 accepted or received by the Commission together with the
3 identity of the donor, grantor or lender, shall be detailed
4 in the annual report of the Commission. The Commission shall
5 establish guidelines for the acceptance of donations, grants,
6 equipment, supplies, materials and services and shall review
7 such guidelines annually.
8 n) The Commission is not liable for any costs associated
9 with any of the following:
10 1) the licensing and construction of any facility;
11 2) the operation of any facility;
12 3) the stabilization and closure of any facility;
13 4) the extended care of any facility;
14 5) the institutional control, after extended care of any
15 facility; or
16 6) the transportation of waste to any facility.
17 o) The Commission is a legal entity separate and
18 distinct from the party states and is liable for its actions
19 as a separate and distinct legal entity. Commissioners are
20 not personally liable for actions taken by them in their
21 official capacity.
22 p) Except as provided under Article III(n), Article
23 III(o), Article VI(p) and Article VI(q), nothing in this
24 compact alters liability for any action, omission, course of
25 conduct or liability resulting from any causal or other
26 relationships.
27 q) Any person aggrieved by a final decision of the
28 Commission which adversely affects the legal rights, duties
29 or privileges of such person, may petition a court of
30 competent jurisdiction, within 60 days after the Commission's
31 final decision, to obtain judicial review of said final
32 decision.
33 ARTICLE IV. REGIONAL MANAGEMENT PLAN
34 The Commission shall adopt a regional management plan
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1 designed to ensure the safe and efficient management of waste
2 generated within the region. In adopting a regional waste
3 management plan the Commission shall:
4 a) Adopt procedures for determining, consistent with
5 considerations of public health and safety, the type and
6 number of regional facilities which are presently necessary
7 and which are projected to be necessary to manage waste
8 generated within the region.
9 b) Develop and adopt policies promoting source and
10 volume reduction of waste generated within the region.
11 c) Develop alternative means for the treatment, storage
12 and disposal of waste, other than shallow-land burial or
13 underground injection well.
14 d) Prepare a draft regional management plan that shall
15 be made available in a convenient form to the public for
16 comment. The Commission shall conduct one or more public
17 hearings in each party state prior to the adoption of the
18 regional management plan. The regional management plan shall
19 include the Commission's response to public and party state
20 comment.
21 ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES
22 a) Each party state shall act in good faith in the
23 performance of acts and courses of conduct which are intended
24 to ensure the provision of facilities for regional
25 availability and usage in a manner consistent with this
26 compact.
27 b) Other than the provisions of Article V(f) and
28 VII(a)(6), each party state has the right to have all wastes
29 generated within its borders managed at regional facilities.
30 This right shall be subject to the provisions of this
31 Compact. All party states have an equal right of access to
32 any facility outside the region made available to the region
33 by any agreement entered into by the Commission pursuant to
34 Article III(i)(4).
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1 c) Party states or generators may negotiate for the
2 right of access to a facility outside the region and may
3 export waste outside the region subject to Commission
4 approval under Article III(i)(4).
5 d) To the extent permitted by federal law, each party
6 state may enforce any applicable federal and state laws,
7 regulations and rules pertaining to the packaging and
8 transportation of waste generated within or passing through
9 its borders. Nothing in this Section shall be construed to
10 require a party state to enter into any agreement with the
11 U.S. Nuclear Regulatory Commission.
12 e) Each party state shall provide to the Commission any
13 data and information the Commission requires to implement its
14 responsibilities. Each party state shall establish the
15 capability to obtain any data and information required by the
16 Commission.
17 f) Waste originating from the Maxey Flats nuclear waste
18 disposal site in Fleming County, Kentucky shall not be
19 shipped to any facility in Illinois for storage, treatment or
20 disposal. Disposition of these wastes shall be the sole
21 responsibility of the Commonwealth of Kentucky and such waste
22 shall not be subject to the provisions of Article IX(b)(3)
23 and (4) of this compact.
24 ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES
25 a) Any party state may volunteer to become a host state,
26 and the Commission may designate that state as a host state.
27 b) If all regional facilities required by the regional
28 management plan are not developed pursuant to Article VI(a),
29 or upon notification that an existing regional facility will
30 be closed, the Commission may designate a party state as a
31 host state. A party state shall not be designated as a host
32 state for any regional facility under this Article VI(b)
33 unless that state's total volume of waste recorded on
34 low-level radioactive waste manifests for any year is more
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1 than 10% of the total volume recorded on those manifests for
2 the region during the same year. In determining the 10%
3 exclusion, there shall not be included waste recorded on
4 low-level radioactive waste manifests by a person whose
5 principal business is providing a service by arranging for
6 the collection, transportation, treatment, storage or
7 disposal of such waste, or waste described in Article
8 VII(a)(6).
9 c) Each party state designated as a host state is
10 responsible for determining possible facility locations
11 within its borders. The selection of a facility site shall
12 not conflict with applicable federal and host state laws,
13 regulations and rules not inconsistent with this compact and
14 shall be based on factors including, but not limited to,
15 geological, environmental, engineering and economic viability
16 of possible facility locations.
17 d) Any party state designated as a host state may
18 request the Commission to relieve that state of the
19 responsibility to serve as a host state. The Commission may
20 relieve a party state of this responsibility upon a showing
21 by the requesting party state that no feasible potential
22 regional facility site of the type it is designated to host
23 exists within its borders or for other good cause shown and
24 consistent with the purposes of the Compact.
25 e) After a state is designated a host state by the
26 Commission, it is responsible for the timely development and
27 operation of a regional facility.
28 f) To the extent permitted by federal and state law, a
29 host state shall regulate and license any facility within its
30 borders and ensure the extended care of that facility.
31 g) The Commission may designate a party state as a host
32 state while a regional facility is in operation if the
33 Commission determines that an additional regional facility is
34 or may be required to meet the needs of the region.
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1 h) Designation of a host state is for a period of 20
2 years or the life of the regional facility which is
3 established under that designation, whichever is shorter.
4 Upon request of a host state, the Commission may modify the
5 period of its designation.
6 i) A host state may establish a fee system for any
7 regional facility within its borders. The fee system shall
8 be reasonable and equitable. This fee system shall provide
9 the host state with sufficient revenue to cover any costs
10 including, but not limited to, the planning, siting,
11 licensure, operation, pre-closure corrective action or
12 clean-up, monitoring, inspection, decommissioning, extended
13 care and long-term liability, associated with such
14 facilities. This fee system may provide for payment to units
15 of local government affected by a regional facility for costs
16 incurred in connection with such facility. This fee system
17 may also include reasonable revenue beyond the costs incurred
18 for the host state, subject to approval by the Commission.
19 The fee system shall include incentives for source or volume
20 reduction and may be based on the hazard of the waste. A
21 host state shall submit an annual financial audit of the
22 operation of the regional facility to the Commission.
23 j) A host state shall ensure that a regional facility
24 located within its borders which is permanently closed is
25 properly decommissioned. A host state shall also provide for
26 the extended care of a closed or decommissioned regional
27 facility within its borders so that the public health and
28 safety of the state and region are ensured, unless, pursuant
29 to the federal Nuclear Waste Policy Act of 1982, the federal
30 government has assumed title and custody of the regional
31 facility and the federal government thereby has assumed
32 responsibility to provide for the extended care of such
33 facility.
34 k) A host state intending to close a regional facility
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1 located within its borders shall notify the Commission in
2 writing of its intention and the reasons. Notification shall
3 be given to the Commission at least five years prior to the
4 intended date of closure. This Section shall not prevent an
5 emergency closing of a regional facility by a host state to
6 protect its air, land and water resources and the health and
7 safety of its citizens. However, a host state which has an
8 emergency closing of a regional facility shall notify the
9 Commission in writing within 3 working days of its action and
10 shall, within 30 working days of its action, demonstrate
11 justification for the closing.
12 l) If a regional facility closes before an additional or
13 new facility becomes operational, waste generated within the
14 region may be shipped temporarily to any location agreed on
15 by the Commission until a regional facility is operational,
16 provided that the region's waste shall not be stored in a
17 party state with a total volume of waste recorded on
18 low-level radioactive waste manifests for any year which is
19 less than 10% of the total volume recorded on the manifests
20 for the region during the same year. In determining the 10%
21 exclusion, there shall not be included waste recorded on
22 low-level radioactive waste manifests by a person whose
23 principal business is providing a service by arranging for
24 the collection, transportation, treatment, storage or
25 disposal of such waste, or waste described in Article
26 VII(a)(6).
27 m) A party state which is designated as a host state by
28 the Commission and fails to fulfill its obligations as a host
29 state may have its privileges under the compact suspended or
30 membership in the compact revoked by the Commission.
31 n) The host state shall create an "Extended Care and
32 Long-Term Liability Fund" and shall allocate sufficient fee
33 revenues, received pursuant to Article VI(i), to provide for
34 the costs of:
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1 1) decommissioning and other procedures required for the
2 proper closure of a regional facility;
3 2) monitoring, inspection and other procedures required
4 for the proper extended care of a regional facility;
5 3) undertaking any corrective action or clean-up
6 necessary to protect human health and the environment from
7 radioactive releases from a regional facility;
8 4) compensating any person for medical and other
9 expenses incurred from damages to human health, personal
10 injuries suffered from damages to human health and damages or
11 losses to real or personal property, and accomplishing any
12 necessary corrective action or clean-up on real or personal
13 property caused by radioactive releases from a regional
14 facility; the host state may allocate monies in this Fund in
15 amounts as it deems appropriate to purchase insurance or to
16 make other similar financial protection arrangements
17 consistent with the purposes of this Fund; this Article VI(n)
18 shall in no manner limit the financial responsibilities of
19 the site operator under Article VI(o), the party states under
20 Article VI(p), or any person who sends waste to a regional
21 facility, under Article VI(q).
22 o) The operator of a regional facility shall purchase an
23 amount of property and third-party liability insurance deemed
24 appropriate by the host state, pay the necessary periodic
25 premiums at all times and make periodic payments to the
26 Extended Care and Long-Term Liability Fund as set forth in
27 Article VI(n) for such amounts as the host state reasonably
28 determines is necessary to provide for future premiums to
29 continue such insurance coverage, in order to pay the costs
30 of compensating any person for medical and other expenses
31 incurred from damages to human health, personal injuries
32 suffered from damages to human health and damages or losses
33 to real or personal property, and accomplishing any necessary
34 corrective action or clean-up on real or personal property
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1 caused by radioactive releases from a regional facility. In
2 the event of such costs resulting from radioactive releases
3 from a regional facility, the host state should, to the
4 maximum extent possible, seek to obtain monies from such
5 insurance prior to using monies from the Extended Care and
6 Long-Term Liability Fund.
7 p) All party states shall be liable for the cost of
8 extended care and long-term liability in excess of monies
9 available from the Extended Care and Long-Term Liability
10 Fund, as set forth in Article VI(n) and from the property and
11 third-party liability insurance as set forth in Article
12 VI(o). A party state may meet such liability for costs by
13 levying surcharges upon generators located in the party
14 state. The extent of such liability shall be based on the
15 proportionate share of the total volume of waste placed in
16 the regional facility by generators located in each such
17 party state. Such liability shall be joint and several among
18 the party states with a right of contribution between the
19 party states. However, this Section shall not apply to a
20 party state with a total volume of waste recorded on
21 low-level radioactive waste manifests for any year that is
22 less than 10% of the total volume recorded on such manifests
23 for the region during the same year.
24 q) Any person who sends waste from outside the region or
25 waste described in Article VII(a)(6) for treatment, storage
26 or disposal at a regional facility shall be liable for the
27 cost of extended care and long-term liability of that
28 regional facility in excess of the monies available from the
29 Extended Care and Long-Term Liability Fund as set forth in
30 Article VI(n) and from the property and third-party liability
31 insurance as set forth in Article VI(o). The extent of the
32 liability for the person shall be based on the proportionate
33 share of the total volume of waste sent by that person to the
34 regional facility.
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1 ARTICLE VII. OTHER LAWS AND REGULATIONS
2 a) Nothing in this compact:
3 1) abrogates or limits the applicability of any act of
4 Congress or diminishes or otherwise impairs the jurisdiction
5 of any federal agency expressly conferred thereon by the
6 Congress;
7 2) prevents the enforcement of any other law of a party
8 state which is not inconsistent with this compact;
9 3) prohibits any storage or treatment of waste by the
10 generator on its own premises;
11 4) affects any administrative or judicial proceeding
12 pending on the effective date of this compact;
13 5) alters the relations between the respective internal
14 responsibility of the government of a party state and its
15 subdivisions;
16 6) establishes any right to the treatment, storage or
17 disposal at any facility in the region or provides any
18 authority to prohibit export from the region of waste that is
19 owned or generated by the United States Department of Energy,
20 owned or generated by the United States Navy as a result of
21 the decommissioning decomissioning of vessels of the United
22 States Navy, or owned or generated as the result of any
23 research, development, testing or production of any atomic
24 weapon; or
25 7) affects the rights and powers of any party state or
26 its political subdivisions, to the extent not inconsistent
27 with this compact, to regulate and license any facility or
28 the transportation of waste within its borders or affects the
29 rights and powers of any state or its political subdivisions
30 to tax or impose fees on the waste managed at any facility
31 within its borders;
32 8) requires a party state to enter into any agreement
33 with the U.S. Nuclear Regulatory Commission; or
34 9) alters or limits liability of transporters of waste
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1 and owners and operators of sites for their acts, omissions,
2 conduct or relationships in accordance with applicable laws.
3 b) For purposes of this compact, all state laws or parts
4 of laws in conflict with this compact are hereby superseded
5 to the extent of the conflict.
6 c) No law, rule, regulation, fee or surcharge of a party
7 state, or of any of its subdivisions or instrumentalities,
8 may be applied in a manner which discriminates against the
9 generators of another party state.
10 d) No person who provides a service by arranging for
11 collection, transportation, treatment, storage or disposal of
12 waste from outside the region shall be allowed to dispose of
13 any waste, regardless of origin, in the region unless
14 specifically permitted under an agreement entered into by the
15 Commission in accordance with the requirements of Article
16 III(i)(1).
17 ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
18 ENTRY INTO FORCE, TERMINATION
19 a) Eligible parties to this compact are the State of
20 Illinois and Commonwealth of Kentucky. Eligibility
21 terminates on April 15, 1985.
22 b) An eligible state becomes a party state when the
23 state enacts the compact into law and pays the membership fee
24 required in Article III(k)(1).
25 c) The Commission is formed upon the appointment of the
26 Commissioners and the tender of the membership fee payable to
27 the Commission by the eligible states. The Governor of
28 Illinois shall convene the initial meeting of the Commission.
29 The Commission shall cause legislation to be introduced in
30 the Congress which grants the consent of the Congress to this
31 compact, and shall take action necessary to organize the
32 Commission and implement the provisions of this compact.
33 d) Other than the special circumstances for withdrawal
34 in Section (f) of this Article, either party state may
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1 withdraw from this compact at any time by repealing the
2 authorizing legislation, but no withdrawal may take effect
3 until 5 years after the Governor of the withdrawing state
4 gives notice in writing of the withdrawal to the Commission
5 and to the Governor of the other state. Withdrawal does not
6 affect any liability already incurred by or chargeable to a
7 party state prior to the time of such withdrawal. Any host
8 state which grants a disposal permit for waste generated in a
9 withdrawing state shall void the permit when the withdrawal
10 of that state is effective.
11 e) This compact becomes effective July 1, 1984, or at
12 any date subsequent to July 1, 1984, upon enactment by the
13 eligible states. However, Article IX(b) shall not take
14 effect until the Congress has by law consented to this
15 compact. The Congress shall have an opportunity to withdraw
16 such consent every 5 years. Failure of the Congress
17 affirmatively to withdraw its consent has the effect of
18 renewing consent for an additional 5 year period. The
19 consent given to this compact by the Congress shall extend to
20 the power of the region to ban the shipment of waste into the
21 region pursuant to Article III(i)(1) and to prohibit
22 exportation of waste generated within the region under
23 Article III(i)(4).
24 f) A state which has been designated a host state may
25 withdraw from the compact. The option to withdraw must be
26 exercised within 90 days of the date the Governor of the
27 designated state receives written notice of the designation.
28 Withdrawal becomes effective immediately after notice is
29 given in the following manner. The Governor of the
30 withdrawing state shall give notice in writing to the
31 Commission and to the Governor of each party state. A state
32 which withdraws from the compact under this Section forfeits
33 any funds already paid pursuant to this compact. A
34 designated host state which withdraws from the compact after
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1 90 days and prior to fulfilling its obligations shall be
2 assessed a sum the Commission determines to be necessary to
3 cover the costs borne by the Commission and remaining party
4 states as a result of that withdrawal.
5 ARTICLE IX. PENALTIES
6 a) Each party state shall prescribe and enforce
7 penalties against any person who is not an official of
8 another state for violation of any provision of this compact.
9 b) Unless authorized by the Commission pursuant to
10 Article III(i), or otherwise provided in this compact, after
11 January 1, 1986 it is a violation of this compact:
12 1) for any person to deposit at a facility in the region
13 waste from outside the region;
14 2) for any facility in the region to accept waste from
15 outside the region;
16 3) for any person to export from the region waste that
17 is generated within the region;
18 4) for any person to dispose of waste at a facility
19 other than a regional facility;
20 5) for any person to deposit at a regional facility
21 waste described in Article VII(a)(6); or
22 6) for any regional facility to accept waste described
23 in Article VII(a)(6).
24 c) It is a violation of this compact for any person to
25 treat or store waste at a facility other than a regional
26 facility if such treatment or storage is prohibited by the
27 Commission under Article III(i)(6).
28 d) Each party state acknowledges that the receipt by a
29 host state of waste packaged or transported in violation of
30 applicable laws, rules or regulations may result in the
31 imposition of sanctions by the host state which may include
32 suspension or revocation of the violator's right of access to
33 the facility in the host state.
34 e) Each party state has the right to seek legal recourse
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1 against any party state which acts in violation of this
2 compact.
3 ARTICLE X. SEVERABILITY AND CONSTRUCTION
4 The provisions of this compact shall be severable and if
5 any phrase, clause, sentence or provision of this compact is
6 declared by a court of competent jurisdiction to be contrary
7 to the Constitution of any participating state or the United
8 States, or if the applicability thereof to any government,
9 agency, person or circumstance is held invalid, the validity
10 of the remainder of this compact and the applicability
11 thereof to any government, agency, person or circumstance
12 shall not be affected thereby. If any provision of this
13 compact shall be held contrary to the Constitution of any
14 state participating therein, the compact shall remain in full
15 force and effect as to the state affected as to all severable
16 matters.
17 (Source: P.A. 87-1166; revised 7-17-97.)
18 Section 50. The Public Officer Prohibited Activities Act
19 is amended by changing Section 3 as follows:
20 (50 ILCS 105/3) (from Ch. 102, par. 3)
21 Sec. 3. Prohibited interest in contracts.
22 (a) No person holding any office, either by election or
23 appointment under the laws or Constitution of this State, may
24 be in any manner financially interested directly in his own
25 name or indirectly in the name of any other person,
26 association, trust, or corporation, in any contract or the
27 performance of any work in the making or letting of which
28 such officer may be called upon to act or vote. No such
29 officer may represent, either as agent or otherwise, any
30 person, association, trust, or corporation, with respect to
31 any application or bid for any contract or work in regard to
32 which such officer may be called upon to vote. Nor may any
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1 such officer take or receive, or offer to take or receive,
2 either directly or indirectly, any money or other thing of
3 value as a gift or bribe or means of influencing his vote or
4 action in his official character. Any contract made and
5 procured in violation hereof is void. This Section shall not
6 apply to any person serving on an advisory panel or
7 commission or to any director serving on a hospital district
8 board as provided under subsection (a-5) of Section 13 of the
9 Hospital District Law.
10 (b) However, any elected or appointed member of the
11 governing body may provide materials, merchandise, property,
12 services, or labor, subject to the following provisions under
13 either paragraph (1) or (2):
14 (1) If:
15 A. the contract is with a person, firm,
16 partnership, association, corporation, or cooperative
17 association in which such interested member of the
18 governing body of the municipality has less than a 7 1/2%
19 share in the ownership; and
20 B. such interested member publicly discloses the
21 nature and extent of his interest prior to or during
22 deliberations concerning the proposed award of the
23 contract; and
24 C. such interested member abstains from voting on
25 the award of the contract, though he shall be considered
26 present for the purposes of establishing a quorum; and
27 D. such contract is approved by a majority vote of
28 those members presently holding office; and
29 E. the contract is awarded after sealed bids to the
30 lowest responsible bidder if the amount of the contract
31 exceeds $1500, or awarded without bidding if the amount
32 of the contract is less than $1500; and
33 F. the award of the contract would not cause the
34 aggregate amount of all such contracts so awarded to the
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1 same person, firm, association, partnership, corporation,
2 or cooperative association in the same fiscal year to
3 exceed $25,000.,
4 (2) If:
5 A. the award of the contract is approved by a
6 majority vote of the governing body of the municipality
7 provided that any such interested member shall abstain
8 from voting; and
9 B. the amount of the contract does not exceed
10 $2,000; and
11 C. the award of the contract would not cause the
12 aggregate amount of all such contracts so awarded to the
13 same person, firm, association, partnership, corporation,
14 or cooperative association in the same fiscal year to
15 exceed $4,000; and
16 D. such interested member publicly discloses the
17 nature and extent of his interest prior to or during
18 deliberations concerning the proposed award of the
19 contract; and
20 E. such interested member abstains from voting on
21 the award of the contract, though he shall be considered
22 present for the purposes of establishing a quorum.
23 (b-5) In addition to the above exemptions, any elected
24 or appointed member of the governing body may provide
25 materials, merchandise, property, services, or labor if:
26 A. the contract is with a person, firm,
27 partnership, association, corporation, or cooperative
28 association in which the interested member of the
29 governing body of the municipality, advisory panel, or
30 commission has less than a 1% share in the ownership; and
31 B. the award of the contract is approved by a
32 majority vote of the governing body of the municipality
33 provided that any such interested member shall abstain
34 from voting; and
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1 C. such interested member publicly discloses the
2 nature and extent of his interest before or during
3 deliberations concerning the proposed award of the
4 contract; and
5 D. such interested member abstains from voting on
6 the award of the contract, though he shall be considered
7 present for the purposes of establishing a quorum.
8 (c) A contract for the procurement of public utility
9 services by a public entity with a public utility company is
10 not barred by this Section by one or more members of the
11 governing body of the public entity being an officer or
12 employee of the public utility company or holding an
13 ownership interest of no more than 7 1/2% in the public
14 utility company, or holding an ownership interest of any size
15 if the public entity is a municipality with a population of
16 less than 7,500 and the public utility's rates are approved
17 by the Illinois Commerce Commission. An elected or appointed
18 member of the governing body of the public entity having such
19 an interest shall be deemed not to have a prohibited interest
20 under this Section.
21 (d) Notwithstanding any other provision of this Section
22 or any other law to the contrary, until January 1, 1994, a
23 member of the city council of a municipality with a
24 population under 20,000 may purchase real estate from the
25 municipality, at a price of not less than 100% of the value
26 of the real estate as determined by a written MAI certified
27 appraisal or by a written certified appraisal of a State
28 certified or licensed real estate appraiser, if the purchase
29 is approved by a unanimous vote of the city council members
30 then holding office (except for the member desiring to
31 purchase the real estate, who shall not vote on the
32 question).
33 (e) For the purposes of this Section only, a municipal
34 officer shall not be deemed interested if the officer is an
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1 employee of a company or owns or holds an interest of 1% or
2 less in the municipal officer's individual name in a company,
3 or both, that company is involved in the transaction of
4 business with the municipality, and that company's stock is
5 traded on a nationally recognized securities market, provided
6 the interested member: (i) publicly discloses the fact that
7 he or she is an employee or holds an interest of 1% or less
8 in a company before deliberation of the proposed award of the
9 contract; (ii) refrains from evaluating, recommending,
10 approving, deliberating, or otherwise participating in
11 negotiation, approval, or both, of the contract, work, or
12 business; (iii) abstains from voting on the award of the
13 contract though he or she shall be considered present for
14 purposes of establishing a quorum; and (iv) the contract is
15 approved by a majority vote of those members currently
16 holding office.
17 A municipal officer shall not be deemed interested if the
18 officer owns or holds an interest of 1% or less, not in the
19 officer's individual name but through a mutual fund, in a
20 company, that company is involved in the transaction of
21 business with the municipality, and that company's stock is
22 traded on a nationally recognized securities market.
23 (Source: P.A. 90-197, eff. 1-1-98; 90-364, eff, 1-1-98;
24 revised 10-28-97.)
25 Section 51. The Industrial Building Revenue Bond Act is
26 amended by changing Section 6 as follows:
27 (50 ILCS 445/6) (from Ch. 85, par. 876)
28 Sec. 6. A resolution authorizing issuance of bonds
29 pursuant to this Act may contain covenants as to (a) the use
30 and disposition of the income and revenues from industrial
31 projects for which the bonds are issued, including the
32 creation and maintenance of reserves; (b) the issuance of
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1 other or additional bonds payable from or with respect to the
2 income from the industrial projects; (c) the maintenance and
3 repair of the industrial projects; (d) the insurance to be
4 carried on the industrial projects and the disposition of
5 insurance proceeds; and (e) the terms and conditions under
6 which bondholders or their trustees are entitled to
7 appointment of a receiver by the circuit court with power to
8 take possession of an industrial project and to lease,
9 maintain, set payments for, and receive and apply income from
10 the industrial project in the same manner and to the same
11 extent as the authority.
12 A resolution authorizing issuance of bonds under this Act
13 may provide that the principal and interest on bonds issued
14 under authority of this Act be secured by a mortgage or trust
15 deed covering the industrial project for which the bonds are
16 issued, and include subsequent improvements or extensions.
17 The mortgage or trust deed may contain covenants and
18 agreements to safeguard the bonds. The covenants and
19 agreements shall be provided for in the resolution
20 authorizing issuance of the bonds and shall be executed in a
21 manner provided for in the resolution. The covenants and
22 agreements shall not be inconsistent with this Act. A
23 mortgage or deed of trust by which a security interest is
24 created, or a financing statement relating thereto, need not
25 be filed under the Uniform Commercial Code, or otherwise, in
26 order to perfect such security interest, except in the
27 records of the authority.
28 The provisions of this Act, resolutions adopted and
29 mortgages and trust deeds executed under authority of this
30 Act are contracts with the bondholders and shall remain in
31 effect until the principal and interest on the bonds issued
32 are paid.
33 The duties of the authority and its governing body and
34 officers under this Act, resolutions adopted and mortgages
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1 and trust deeds executed, are enforceable enforcible by a
2 bondholder by mandamus, injunction, foreclosure of a mortgage
3 or trust deed or other appropriate civil action in the
4 appropriate circuit court.
5 (Source: P.A. 83-345; revised 6-27-97.)
6 Section 52. The Counties Code is amended by changing
7 Sections 3-7002, 3-7005, 3-14010, 5-1006.5, 5-1012, 5-1093,
8 5-12001, 5-30004, 5-30011, 6-5002, and 6-12003 as follows:
9 (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
10 Sec. 3-7002. Cook County Sheriff's Merit Board. There is
11 created the Cook County Sheriff's Merit Board, hereinafter
12 called the Board, consisting of 5 members appointed by the
13 Sheriff with the advice and consent of the county board,
14 except that on and after the effective date of this
15 amendatory Act of 1997, the Sheriff may appoint 2 two
16 additional members, with the advice and consent of the county
17 board, at his or her discretion. Of the members first
18 appointed, one shall serve until the third Monday in March,
19 1965 one until the third Monday in March, 1967, and one until
20 the third Monday in March, 1969. Of the 2 additional members
21 first appointed under authority of this amendatory Act of
22 1991, one shall serve until the third Monday in March, 1995,
23 and one until the third Monday in March, 1997.
24 Upon the expiration of the terms of office of those first
25 appointed (including the 2 additional members first appointed
26 under authority of this amendatory Act of 1991), their
27 respective successors shall be appointed to hold office from
28 the third Monday in March of the year of their respective
29 appointments for a term of 6 years and until their successors
30 are appointed and qualified for a like term. As additional
31 members are appointed under authority of this amendatory Act
32 of 1997, their terms shall be set to be staggered
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1 consistently with the terms of the existing Board members. No
2 more than 3 members of the Board shall be affiliated with the
3 same political party, except that as additional members are
4 appointed by the Sheriff under authority of this amendatory
5 Act of 1997, the political affiliation of the Board shall be
6 such that no more than one-half of the members plus one
7 additional member may be affiliated with the same political
8 party. No member shall have held or have been a candidate
9 for an elective public office within one year preceding his
10 or her appointment.
11 The Sheriff may deputize members of the Board.
12 (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
13 revised 11-17-97.)
14 (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
15 Sec. 3-7005. Meetings. As soon as practicable after the
16 members of the Board have been appointed, they shall meet,
17 upon the call of the Sheriff, and shall organize by selecting
18 a chairman and a secretary. The initial chairman and
19 secretary, and their successors, shall be selected by the
20 Board from among its members for a term of 2 years or for the
21 remainder of their term of office as a member of the Board,
22 whichever is the shorter. Two members Forty percent of the
23 Board shall constitute a quorum for the transaction of
24 business, except that as additional members are appointed
25 under authority of this amendatory Act of 1997, the number of
26 members that must be present to constitute a quorum shall be
27 the number of members that constitute at least 40% of the
28 Board. The Board shall hold regular quarterly meetings and
29 such other meetings as may be called by the chairman.
30 (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
31 revised 11-17-97.)
32 (55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)
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1 Sec. 3-14010. Department of Data Processing. The Board
2 of Commissioners has authority to create and maintain a
3 Department of Data Processing to which may be assigned such
4 powers as the County Board may deem necessary for the proper
5 functioning of County government. This department has
6 authority to service all County departments, offices and
7 agencies established under the Board of Commissioners. The
8 Board of Commissioners may enter into agreements with
9 constitutional officers of county government for such
10 services by the Department of Data Processing within the
11 respective offices of such elected county officers. The
12 department shall be headed by a Director, who shall be
13 appointed by the President with the advice advise and consent
14 of the Board of Commissioners.
15 (Source: P.A. 86-962; revised 6-27-97.)
16 (55 ILCS 5/5-1006.5)
17 Sec. 5-1006.5. Special County Retailers' Occupation Tax
18 For Public Safety.
19 (a) The county board of any county may impose a tax upon
20 all persons engaged in the business of selling tangible
21 personal property, other than personal property titled or
22 registered with an agency of this State's government, at
23 retail in the county on the gross receipts from the sales
24 made in the course of business to provide revenue to be used
25 exclusively for public safety purposes in that county, if a
26 proposition for the tax has been submitted to the electors of
27 that county and approved by a majority of those voting on the
28 question. If imposed, this tax shall be imposed only in
29 one-quarter percent increments. By resolution, the county
30 board may order the proposition to be submitted at any
31 election. The county clerk shall certify the question to the
32 proper election authority, who shall submit the proposition
33 at an election in accordance with the general election law.
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1 The proposition shall be in substantially the following
2 form:
3 "Shall (name of county) be authorized to impose a
4 public safety tax at the rate of .... upon all persons
5 engaged in the business of selling tangible personal
6 property at retail in the county on gross receipts from
7 the sales made in the course of their business to be used
8 for crime prevention, detention, and other public safety
9 purposes?"
10 Votes shall be recorded as Yes or No. If a majority of the
11 electors voting on the proposition vote in favor of it, the
12 county may impose the tax.
13 This additional tax may not be imposed on the sales of
14 food for human consumption that is to be consumed off the
15 premises where it is sold (other than alcoholic beverages,
16 soft drinks, and food which has been prepared for immediate
17 consumption) and prescription and non-prescription medicines,
18 drugs, medical appliances and insulin, urine testing
19 materials, syringes, and needles used by diabetics. The tax
20 imposed by a county under this Section and all civil
21 penalties that may be assessed as an incident of the tax
22 shall be collected and enforced by the Illinois Department of
23 Revenue. The certificate of registration that is issued by
24 the Department to a retailer under the Retailers' Occupation
25 Tax Act shall permit the retailer to engage in a business
26 that is taxable without registering separately with the
27 Department under an ordinance or resolution under this
28 Section. The Department has full power to administer and
29 enforce this Section, to collect all taxes and penalties due
30 under this Section, to dispose of taxes and penalties so
31 collected in the manner provided in this Section, and to
32 determine all rights to credit memoranda arising on account
33 of the erroneous payment of a tax or penalty under this
34 Section. In the administration of and compliance with this
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1 Section, the Department and persons who are subject to this
2 Section shall (i) have the same rights, remedies, privileges,
3 immunities, powers, and duties, (ii) be subject to the same
4 conditions, restrictions, limitations, penalties, and
5 definitions of terms, and (iii) employ the same modes of
6 procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e,
7 1f, 1i, 1j, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions
8 contained in those Sections other than the State rate of
9 tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions
10 relating to transaction returns and quarter monthly
11 payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
12 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
13 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
14 Penalty and Interest Act as if those provisions were set
15 forth in this Section.
16 Persons subject to any tax imposed under the authority
17 granted in this Section may reimburse themselves for their
18 sellers' tax liability by separately stating the tax as an
19 additional charge, which charge may be stated in combination,
20 in a single amount, with State tax which sellers are required
21 to collect under the Use Tax Act, pursuant to such bracketed
22 schedules as the Department may prescribe.
23 Whenever the Department determines that a refund should
24 be made under this Section to a claimant instead of issuing a
25 credit memorandum, the Department shall notify the State
26 Comptroller, who shall cause the order to be drawn for the
27 amount specified and to the person named in the notification
28 from the Department. The refund shall be paid by the State
29 Treasurer out of the County Public Safety Retailers'
30 Occupation Tax Fund.
31 (b) If a tax has been imposed under subsection (a), a
32 service occupation tax shall also be imposed at the same rate
33 upon all persons engaged, in the county, in the business of
34 making sales of service, who, as an incident to making those
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1 sales of service, transfer tangible personal property within
2 the county as an incident to a sale of service. This tax may
3 not be imposed on sales of food for human consumption that is
4 to be consumed off the premises where it is sold (other than
5 alcoholic beverages, soft drinks, and food prepared for
6 immediate consumption) and prescription and non-prescription
7 medicines, drugs, medical appliances and insulin, urine
8 testing materials, syringes, and needles used by diabetics.
9 The tax imposed under this subsection and all civil penalties
10 that may be assessed as an incident thereof shall be
11 collected and enforced by the Department of Revenue. The
12 Department has full power to administer and enforce this
13 subsection; to collect all taxes and penalties due hereunder;
14 to dispose of taxes and penalties so collected in the manner
15 hereinafter provided; and to determine all rights to credit
16 memoranda arising on account of the erroneous payment of tax
17 or penalty hereunder. In the administration of, and
18 compliance with this subsection, the Department and persons
19 who are subject to this paragraph shall (i) have the same
20 rights, remedies, privileges, immunities, powers, and duties,
21 (ii) be subject to the same conditions, restrictions,
22 limitations, penalties, exclusions, exemptions, and
23 definitions of terms, and (iii) employ the same modes of
24 procedure as are prescribed in Sections 1a-1, 2 (except that
25 the reference to State in the definition of supplier
26 maintaining a place of business in this State shall mean the
27 county), 2a, 3 through 3-50 (in respect to all provisions
28 therein other than the State rate of tax), 4 (except that the
29 reference to the State shall be to the county), 5, 7, 8
30 (except that the jurisdiction to which the tax shall be a
31 debt to the extent indicated in that Section 8 shall be the
32 county), 9 (except as to the disposition of taxes and
33 penalties collected, and except that the returned merchandise
34 credit for this tax may not be taken against any State tax),
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1 10, 11, 12 (except the reference therein to Section 2b of the
2 Retailers' Occupation Tax Act), 13 (except that any reference
3 to the State shall mean the county), the first paragraph of
4 Section 15, 16, 17, 18, 19 and 20 of the Service Occupation
5 Tax Act and Section 3-7 of the Uniform Penalty and Interest
6 Act, as fully as if those provisions were set forth herein.
7 Persons subject to any tax imposed under the authority
8 granted in this subsection may reimburse themselves for their
9 serviceman's tax liability by separately stating the tax as
10 an additional charge, which charge may be stated in
11 combination, in a single amount, with State tax that
12 servicemen are authorized to collect under the Service Use
13 Tax Act, in accordance with such bracket schedules as the
14 Department may prescribe.
15 Whenever the Department determines that a refund should
16 be made under this subsection to a claimant instead of
17 issuing a credit memorandum, the Department shall notify the
18 State Comptroller, who shall cause the warrant to be drawn
19 for the amount specified, and to the person named, in the
20 notification from the Department. The refund shall be paid
21 by the State Treasurer out of the County Public Safety
22 Retailers' Occupation Fund.
23 Nothing in this subsection shall be construed to
24 authorize the county to impose a tax upon the privilege of
25 engaging in any business which under the Constitution of the
26 United States may not be made the subject of taxation by the
27 State.
28 (c) The Department shall immediately pay over to the
29 State Treasurer, ex officio, as trustee, all taxes and
30 penalties collected under this Section to be deposited into
31 the County Public Safety Retailers' Occupation Tax Fund,
32 which shall be an unappropriated trust fund held outside of
33 the State treasury. On or before the 25th day of each
34 calendar month, the Department shall prepare and certify to
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1 the Comptroller the disbursement of stated sums of money to
2 the counties from which retailers have paid taxes or
3 penalties to the Department during the second preceding
4 calendar month. The amount to be paid to each county shall
5 be the amount (not including credit memoranda) collected
6 under this Section during the second preceding calendar month
7 by the Department plus an amount the Department determines is
8 necessary to offset any amounts that were erroneously paid to
9 a different taxing body, and not including (i) an amount
10 equal to the amount of refunds made during the second
11 preceding calendar month by the Department on behalf of the
12 county and (ii) any amount that the Department determines is
13 necessary to offset any amounts that were payable to a
14 different taxing body but were erroneously paid to the
15 county. Within 10 days after receipt by the Comptroller of
16 the disbursement certification to the counties provided for
17 in this Section to be given to the Comptroller by the
18 Department, the Comptroller shall cause the orders to be
19 drawn for the respective amounts in accordance with
20 directions contained in the certification.
21 In addition to the disbursement required by the preceding
22 paragraph, an allocation shall be made in March of each year
23 to each county that received more than $500,000 in
24 disbursements under the preceding paragraph in the preceding
25 calendar year. The allocation shall be in an amount equal to
26 the average monthly distribution made to each such county
27 under the preceding paragraph during the preceding calendar
28 year (excluding the 2 months of highest receipts). The
29 distribution made in March of each year subsequent to the
30 year in which an allocation was made pursuant to this
31 paragraph and the preceding paragraph shall be reduced by the
32 amount allocated and disbursed under this paragraph in the
33 preceding calendar year. The Department shall prepare and
34 certify to the Comptroller for disbursement the allocations
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1 made in accordance with this paragraph.
2 (d) For the purpose of determining the local
3 governmental unit whose tax is applicable, a retail sale by a
4 producer of coal or another mineral mined in Illinois is a
5 sale at retail at the place where the coal or other mineral
6 mined in Illinois is extracted from the earth. This
7 paragraph does not apply to coal or another mineral when it
8 is delivered or shipped by the seller to the purchaser at a
9 point outside Illinois so that the sale is exempt under the
10 United States Constitution as a sale in interstate or foreign
11 commerce.
12 (e) Nothing in this Section shall be construed to
13 authorize a county to impose a tax upon the privilege of
14 engaging in any business that under the Constitution of the
15 United States may not be made the subject of taxation by this
16 State.
17 (e-5) If a county imposes a tax under this Section, the
18 county board may, by ordinance, discontinue or lower the rate
19 of the tax. If the county board lowers the tax rate or
20 discontinues the tax, a referendum must be held in accordance
21 with subsection (a) of this Section in order to increase the
22 rate of the tax or to reimpose the discontinued tax.
23 (f) The results of any election authorizing a
24 proposition to impose a tax under this Section or effecting a
25 change in the rate of tax, or any ordinance lowering the rate
26 or discontinuing the tax, shall be certified by the county
27 clerk and filed with the Illinois Department of Revenue on or
28 before the first day of June. The Illinois Department of
29 Revenue shall then proceed to administer and enforce this
30 Section or to lower the rate or discontinue the tax, as the
31 case may be, as of the first day of January next following
32 the filing.
33 (g) When certifying the amount of a monthly disbursement
34 to a county under this Section, the Department shall increase
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1 or decrease the amounts by an amount necessary to offset any
2 miscalculation of previous disbursements. The offset amount
3 shall be the amount erroneously disbursed within the previous
4 6 months from the time a miscalculation is discovered.
5 (h) This Section may be cited as the "Special County
6 Occupation Tax For Public Safety Law".
7 (i) For purposes of this Section, "public safety"
8 includes but is not limited to fire fighting, police,
9 medical, ambulance, or other emergency services.
10 (Source: P.A. 89-107, eff. 1-1-96; 89-718, eff. 3-7-97;
11 90-190, eff. 7-24-97; 90-267, eff. 7-30-97; 90-552, eff.
12 12-12-97; 90-562, eff. 12-16-97; revised 12-30-97.)
13 (55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
14 Sec. 5-1012. Issuance of county bonds. When the county
15 board of any county deems it necessary to issue county bonds
16 to enable them to perform any of the duties imposed upon them
17 by law, they may, by an order, entered of record, specifying
18 the amount of bonds required, and the object for which they
19 are to be issued, submit to the legal voters of their county,
20 at any election, the question of issuing such county bonds.
21 The county board shall certify the question to the proper
22 election officials who shall submit the question at an
23 election in accordance with the general election law. The
24 amount of the bonds so issued shall not exceed, including the
25 then existing indebtedness of the county, 5.75% of on the
26 value of such taxable property of such county, as ascertained
27 by the assessment for the State and county tax for the
28 preceding year or, until January 1, 1983, if greater, the sum
29 that is produced by multiplying the county's 1978 equalized
30 assessed valuation by the debt limitation percentage in
31 effect on January 1, 1979. The proposition shall be in
32 substantially the following form: "For county bonds", or
33 "Against county bonds", and if a majority of the votes on
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1 that question shall be "For county bonds", such county board
2 may issue such bonds in such denominations as the county
3 board may determine of not less than $25 each, payable
4 respectively, in not less than one, nor more than 20 years,
5 with interest payable annually or semi-annually, at the rate
6 of not more than the greater of (i) the maximum rate
7 authorized by the Bond Authorization Act, as amended at the
8 time of the making of the contract, or (ii) 8% per annum.
9 This Section shall not require submission to the voters of
10 the county of bond issues authorized to be issued without
11 such submission to the voters under Section 5-1027 or 5-1062
12 or under Division 5-33, 6-6, 6-8 or 6-27 of this Code.
13 With respect to instruments for the payment of money
14 issued under this Section or its predecessor either before,
15 on, or after the effective date of Public Act 86-4, it is and
16 always has been the intention of the General Assembly (i)
17 that the Omnibus Bond Acts are and always have been
18 supplementary grants of power to issue instruments in
19 accordance with the Omnibus Bond Acts, regardless of any
20 provision of this Act or "An Act to revise the law in
21 relation to counties", approved March 31, 1874, that may
22 appear to be or to have been more restrictive than those
23 Acts, (ii) that the provisions of this Section or its
24 predecessor are not a limitation on the supplementary
25 authority granted by the Omnibus Bond Acts, and (iii) that
26 instruments issued under this Section or its predecessor
27 within the supplementary authority granted by the Omnibus
28 Bond Acts are not invalid because of any provision of this
29 Act or "An Act to revise the law in relation to counties",
30 approved March 31, 1874, that may appear to be or to have
31 been more restrictive than those Acts.
32 (Source: P.A. 86-962; 86-1028; 86-1463; revised 12-18-97.)
33 (55 ILCS 5/5-1093) (from Ch. 34, par. 5-1093)
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1 Sec. 5-1093. Federal funds. A county board may receive
2 funds from the United States government under the Housing and
3 Community Development Act of 1974, Public Law 93-383; the
4 National Affordable Housing Act of 1990, Public Law 101-625;
5 and the Housing and Community Development Act of 1992, Public
6 Law 102-550 and may disburse those funds and other county
7 funds for community development and other housing program
8 activities.
9 The powers granted by this Section shall not be exercised
10 within the boundaries of any city, village or incorporated
11 town unless the approval of the corporate authorities of such
12 municipality is first obtained.
13 The powers granted by this Section are in addition to
14 powers otherwise possessed by a county and shall not be
15 construed as as a limitations of such other powers.
16 (Source: P.A. 88-28; revised 12-18-97.)
17 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
18 Sec. 5-12001. Authority to regulate and restrict
19 location and use of structures.
20 For the purpose of promoting the public health, safety,
21 morals, comfort and general welfare, conserving the values of
22 property throughout the county, lessening or avoiding
23 congestion in the public streets and highways, and lessening
24 or avoiding the hazards to persons and damage to property
25 resulting from the accumulation or runoff of storm or flood
26 waters, the county board or board of county commissioners, as
27 the case may be, of each county, shall have the power to
28 regulate and restrict the location and use of buildings,
29 structures and land for trade, industry, residence and other
30 uses which may be specified by such board, to regulate and
31 restrict the intensity of such uses, to establish building or
32 setback lines on or along any street, trafficway, drive,
33 parkway or storm or floodwater runoff channel or basin
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1 outside the limits of cities, villages and incorporated towns
2 which have in effect municipal zoning ordinances; to divide
3 the entire county outside the limits of such cities, villages
4 and incorporated towns into districts of such number, shape,
5 area and of such different classes, according to the use of
6 land and buildings, the intensity of such use (including
7 height of buildings and structures and surrounding open
8 space) and other classification as may be deemed best suited
9 to carry out the purposes of this Division; to prohibit uses,
10 buildings or structures incompatible with the character of
11 such districts respectively; and to prevent additions to and
12 alteration or remodeling of existing buildings or structures
13 in such a way as to avoid the restrictions and limitations
14 lawfully imposed hereunder: Provided, that permits with
15 respect to the erection, maintenance, repair, alteration,
16 remodeling or extension of buildings or structures used or to
17 be used for agricultural purposes shall be issued free of any
18 charge. The corporate authorities of the county may by
19 ordinance require the construction of fences around or
20 protective covers over previously constructed artificial
21 basins of water dug in the ground and used for swimming or
22 wading, which are located on private residential property and
23 intended for the use of the owner and guests. In all
24 ordinances or resolutions passed under the authority of this
25 Division, due allowance shall be made for existing
26 conditions, the conservation of property values, the
27 directions of building development to the best advantage of
28 the entire county, and the uses to which property is devoted
29 at the time of the enactment of any such ordinance or
30 resolution.
31 The powers by this Division given shall not be exercised
32 so as to deprive the owner of any existing property of its
33 use or maintenance for the purpose to which it is then
34 lawfully devoted; nor shall they be exercised so as to impose
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1 regulations or require permits with respect to land used for
2 agricultural purposes, which includes the growing of farm
3 crops, truck garden crops, animal and poultry husbandry,
4 apiculture, aquaculture, dairying, floriculture,
5 horticulture, nurseries, tree farms, sod farms, pasturage,
6 viticulture, and wholesale greenhouses when such
7 agricultural purposes constitute the principal activity on
8 the land, other than parcels of land consisting of less than
9 5 acres from which $1,000 or less of agricultural products
10 were sold in any calendar year in counties with a population
11 between 300,000 and 400,000 or in counties contiguous to a
12 county with a population between 300,000 and 400,000, and
13 other than parcels of land consisting of less than 5 acres in
14 counties with a population in excess of 400,000, or with
15 respect to the erection, maintenance, repair, alteration,
16 remodeling or extension of buildings or structures used or to
17 be used for agricultural purposes upon such land except that
18 such buildings or structures for agricultural purposes may be
19 required to conform to building or set back lines and
20 counties may establish a minimum lot size for residences on
21 land used for agricultural purposes; nor shall any such
22 powers be so exercised as to prohibit the temporary use of
23 land for the installation, maintenance and operation of
24 facilities used by contractors in the ordinary course of
25 construction activities, except that such facilities may be
26 required to be located not less than 1,000 feet from any
27 building used for residential purposes, and except that the
28 period of such temporary use shall not exceed the duration of
29 the construction contract; nor shall any such powers include
30 the right to specify or regulate the type or location of any
31 poles, towers, wires, cables, conduits, vaults, laterals or
32 any other similar distributing equipment of a public utility
33 as defined in the Public utilities Act, if the public utility
34 is subject to the Messages Tax Act, the Gas Revenue Tax Act
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1 or the Public Utilities Revenue Act, or if such facilities or
2 equipment are located on any rights of way and are used for
3 railroad purposes, nor shall any such powers be exercised in
4 any respect as to the facilities, as defined in Section
5 5-12001.1, of a telecommunications carrier, as also defined
6 therein, except to the extent and in the manner set forth in
7 Section 5-12001.1. As used in this Act, "agricultural
8 purposes" do not include the extraction of sand, gravel or
9 limestone, and such activities may be regulated by county
10 zoning ordinance even when such activities are related to an
11 agricultural purpose.
12 Nothing in this Division shall be construed to restrict
13 the powers granted by statute to cities, villages and
14 incorporated towns as to territory contiguous to but outside
15 of the limits of such cities, villages and incorporated
16 towns. Any zoning ordinance enacted by a city, village or
17 incorporated town shall supersede, with respect to territory
18 within the corporate limits of the municipality, any county
19 zoning plan otherwise applicable. The powers granted to
20 counties by this Division shall be treated as in addition to
21 powers conferred by statute to control or approve maps, plats
22 or subdivisions. In this Division, "agricultural purposes"
23 include, without limitation, the growing, developing,
24 processing, conditioning, or selling of hybrid seed corn,
25 seed beans, seed oats, or other farm seeds.
26 Nothing in this Division shall be construed to prohibit
27 the corporate authorities of a county from adopting an
28 ordinance that exempts pleasure driveways or park districts,
29 as defined in the Park District Code, with a population of
30 greater than 100,000, from the exercise of the county's
31 powers under this Division.
32 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
33 90-522, eff. 1-1-98; revised 11-4-97.)
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1 (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
2 Sec. 5-30004. Authority to protect and preserve
3 landmarks and preservation districts. The county board of
4 each county shall have the following authority:
5 (1) to establish and appoint by ordinance a preservation
6 study committee and to take any reasonable temporary actions
7 to protect potential landmarks and preservation districts
8 during the term of an appointed preservation study committee;
9 (2) to establish and appoint by ordinance a preservation
10 commission upon recommendation of a preservation study
11 committee;
12 (3) to conduct an ongoing survey of the county to
13 identify buildings, structures, areas, sites and landscapes
14 that are of historic, archaeological, architectural, or
15 scenic significance, and therefore potential landmarks or
16 preservation districts;
17 (4) to designate by ordinance landmarks and preservation
18 districts upon the recommendation of a preservation
19 commission and to establish a system of markers, plaques or
20 certificates for designated landmarks and preservation
21 districts;
22 (5) to prepare maps showing the location of landmarks
23 and preservation districts, publish educational information,
24 and prepare educational programs concerning landmarks and
25 preservation districts and their designation and protection;
26 (6) to exercise any of the powers and authority in
27 relation to regional planning and zoning granted counties by
28 Divisions 5-12 and 5-14, for the purpose of protecting,
29 preserving and continuing the use of landmarks and
30 preservation districts;
31 (7) to nominate landmarks and historic districts to any
32 state or federal registers of historic places;
33 (8) to appropriate and expend funds to carry out the
34 purposes of this Division;
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1 (9) to review applications for construction, alteration,
2 removal or demolition affecting landmarks or property within
3 preservation districts;
4 (10) to acquire by negotiated purchase any interest
5 including conservation rights in landmarks or in property
6 within preservation districts, or property immediately
7 adjacent to or surrounding landmarks or preservation
8 districts;
9 (11) to apply for and accept any gift, grant or bequest
10 from any private or public source, including agencies of the
11 federal or State government, for any purpose authorized by
12 this Division;
13 (12) to establish a system for the transfer of
14 development rights including, as appropriate, a mechanism for
15 the deposit of development rights in a development rights
16 bank, and for the transfer of development rights from that
17 development rights bank in the same manner as authorized for
18 municipalities by Section 11-48.2-2 11-48.2 of the Illinois
19 Municipal Code. All receipts arising from the transfer shall
20 be deposited in a special county account to be applied
21 against expenditures necessitated by the county program for
22 the designation and protection of landmarks and preservation
23 districts. Any development rights acquired, sold or
24 transferred from a development rights bank, shall not be a
25 "security" as that term is defined in Section 2.1 of The
26 Illinois Securities Law of 1953, and shall be exempt from all
27 requirements for the registration of securities.
28 (13) to establish a loan or grant program from any
29 source of funds for designated landmarks and preservation
30 districts and to issue interest bearing revenue bonds or
31 general obligation bonds pursuant to ordinance enacted by the
32 county board, after compliance with requirements for
33 referendum, payable from the revenues to be derived from the
34 operation of any landmark or of any property within a
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1 preservation district;
2 (14) to abate real property taxes on any landmark or
3 property within a preservation district to encourage its
4 preservation and continued use or to provide relief for
5 owners unduly burdened by designation;
6 (15) to advise and assist owners of landmarks and
7 property within preservation districts on physical and
8 financial aspects of preservation, renovation, rehabilitation
9 and reuse;
10 (16) to advise cities, villages or incorporated towns,
11 upon request of the appropriate official of the municipality,
12 concerning enactment of ordinances to protect landmarks or
13 preservation districts;
14 (17) to exercise within the boundaries of any city,
15 village, or incorporated town any of the powers and authority
16 granted counties by this Division so long as the corporate
17 authorities by ordinance or by intergovernmental agreement
18 pursuant to the Intergovernmental Cooperation Act, or
19 pursuant to Article 7, Section 10 of the Constitution of the
20 State of Illinois have authorized the county preservation
21 commission established by authority of this Division to
22 designate landmarks or preservation districts within its
23 corporate boundaries, and such county preservation commission
24 shall have only those powers, duties and legal authority
25 provided in this Division;
26 (18) to exercise any of the above powers to preserve and
27 protect property owned by any unit of local government
28 including counties, or to review alteration, construction,
29 demolition or removal undertaken by any unit of local
30 government including counties that affect landmarks and
31 preservation districts.
32 (19) to exercise any other power or authority necessary
33 or appropriate to carrying out the purposes of this Division,
34 including those powers and authorities listed in Sections
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1 5-30010 and 5-30011.
2 (Source: P.A. 86-962; revised 12-18-97.)
3 (55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
4 Sec. 5-30011. Authority of preservation commission.
5 Every preservation commission established by ordinance of the
6 county board pursuant to the report and recommendations of
7 the preservation study committee shall have the following
8 powers and authority:
9 (1) To conduct an ongoing survey of the county to
10 identify buildings, structures, areas, sites and landscapes
11 that are of historic, archaeological, architectural, or
12 scenic significance, and therefore potential landmarks or
13 preservation districts;
14 (2) To hold public hearings and recommend to the county
15 board the designation of landmarks or preservation districts
16 identified in the survey;
17 (3) To compile information concerning and prepare
18 descriptions of, the landmarks or preservation districts
19 identified and recommended for designation, and the
20 characteristics that meet the standards for designation;
21 (4) To prepare, keep current, and publish a map or maps
22 showing the locations and exact boundaries of both proposed
23 and designated landmarks and preservation districts, and, if
24 the preservation commission so chooses, the locations and
25 boundaries of designated State or federal landmarks or
26 districts;
27 (5) To keep a register of all designated landmarks and
28 preservation districts;
29 (6) To establish an appropriate system of markers or
30 plaques for all designated landmarks and preservation
31 districts, and for streets, roads and highways leading from
32 one landmark or preservation district to another and to
33 confer recognition upon the owners of landmarks or property
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1 within preservation districts by means of certificates,
2 plaques or markers;
3 (7) To nominate landmarks and historic districts to any
4 state or federal registers of historic places;
5 (8) To advise advice and assist owners of landmarks and
6 property within preservation districts on physical and
7 financial aspects of preservation, renovation, rehabilitation
8 and reuse, and on procedures for inclusion on any state or
9 federal register of historic places;
10 (9) To inform and educate the citizens of the county
11 concerning the historic, archaeological, architectural, or
12 scenic heritage of the county by publishing appropriate maps,
13 newsletters, brochures and pamphlets, and by holding programs
14 and seminars;
15 (10) To hold public hearings and to review applications
16 for construction, alteration, removal or demolition affecting
17 landmarks or property within preservation districts and issue
18 or deny certificates of appropriateness for such actions;
19 (11) To consider applications for certificates of
20 economic hardship that would allow the performance of work
21 for which a certificate of appropriateness may be, or has
22 been denied;
23 (12) To develop specific criteria and guidelines for the
24 proper alteration, construction, demolition or removal of
25 landmarks, or of property within preservation districts;
26 (13) To review proposed amendments to zoning
27 regulations, applications for special uses or applications
28 for zoning variations that affect any landmark or
29 preservation district. Proposed zoning amendments,
30 applications for special use or zoning variations that affect
31 any landmark or preservation district as defined in the
32 ordinance establishing the preservation commission shall be
33 transmitted to the preservation commission for review and
34 comment prior to the date of the hearing by the county
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1 regional plan commission or zoning board of appeals;
2 (14) To administer on behalf of the county board any
3 property, or full or partial interest in real property,
4 including a conservation right, which the county may have or
5 accept as a gift or otherwise, upon designation by the county
6 board;
7 (15) To accept and administer on behalf of the county
8 board such gifts, grants and money or other personal property
9 as may be appropriate for the purposes of this Division. Such
10 money may be expended for publishing maps and brochures, or
11 for hiring staff persons or consultants or performing
12 otherwise appropriate functions for the purpose of carrying
13 out the duties and powers of the preservation commission and
14 the purposes of this Division;
15 (16) To administer any system established by the county
16 board for the transfer of development rights;
17 (17) To call upon available county agencies and staff
18 members as well as other experts for technical advice;
19 (18) To retain such specialists or consultants, or to
20 appoint such citizen, neighborhood or area advisory
21 committees, as may be required from time to time;
22 (19) To testify before all boards and commissions
23 including any county regional plan commission, and the zoning
24 board of appeal on any matter affecting potential or
25 designated landmarks or preservation districts;
26 (20) To periodically review any county comprehensive
27 plan and to develop a preservation component in any
28 comprehensive plan of the county and to recommend it to the
29 county regional plan commission and the county board;
30 (21) To periodically consult with the county zoning
31 administrator and review any county zoning ordinance and
32 building code and to recommend to the county regional plan
33 commission and the county board any amendments appropriate
34 for the protection and continued use of landmarks or property
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1 within preservation districts;
2 (22) To adopt rules and procedures for operation of the
3 preservation commission and the conduct of hearings and
4 meetings;
5 (23) To undertake any other action or activity necessary
6 or appropriate to the implementation of its powers and
7 duties, or to implementation of the purposes of this
8 Division.
9 (Source: P.A. 86-962; revised 12-18-97.)
10 (55 ILCS 5/6-5002) (from Ch. 34, par. 6-5002)
11 Sec. 6-5002. Resolution authorizing bonds. The resolution
12 authorizing the issuance of such bonds shall specify the
13 total amount of bonds to be issued, the form and denomination
14 of the bonds, the date they are to bear, the place where they
15 are payable, the date or dates of maturity, which shall not
16 be more than 20 years after the date the bonds bear, the rate
17 of interest which shall not exceed the maximum rate
18 authorized by the Bond Authorization Act, as amended at the
19 time of the making of the contract, and the dates on which
20 interest is payable.
21 Such resolution shall prescribe all the details of the
22 bonds and shall provide for the levy and collection of a
23 direct annual tax upon all taxable property within the county
24 sufficient to pay the principal thereof at maturity and to
25 pay the interest thereon as it falls due, which tax shall not
26 be subject to any statutory limitations relative to taxes
27 which may be extended for county purposes.
28 With respect to instruments for the payment of money
29 issued under this Section or its predecessor either before,
30 on, or after the effective date of Public Act 86-4, it is and
31 always has been the intention of the General Assembly (i)
32 that the Omnibus Bond Acts are and always have been
33 supplementary grants of power to issue instruments in
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1 accordance with the Omnibus Bond Acts, regardless of any
2 provision of these Sections 6-5001 through 6-5005 or "An Act
3 to authorize the issuance of bonds by a county having more
4 than 500,000 inhabitants for the purchase of voting machines,
5 and to provide for the payment therefor", approved July 20,
6 1949, that may appear to be or to have been more restrictive
7 than those Acts, (ii) that the provisions of this Section or
8 its predecessor are not a limitation on the supplementary
9 authority granted by the Omnibus Bond Acts, and (iii) that
10 instruments issued under this Section or its predecessor
11 within the supplementary authority granted by the Omnibus
12 Bond Acts are not invalid because of any provision of these
13 Sections 6-5001 through 6-5005 or "An Act to authorize the
14 issuance of bonds by a county having more than 500,000
15 inhabitants ihabitants for the purchase of voting machines,
16 and to provide for the payment therefor", approved July 20,
17 1949, that may appear to be or to have been more restrictive
18 than those Acts.
19 (Source: P.A. 86-962; 86-1028; revised 7-21-97.)
20 (55 ILCS 5/6-12003) (from Ch. 34, par. 6-12003)
21 Sec. 6-12003. Issuance of bonds; maturity. All bonds
22 issued under the provisions of this Division shall be signed
23 in the name of the county by the chairman of the county board
24 and shall be countersigned by the county clerk and shall have
25 the seal of the county attached thereto. Such bonds shall
26 mature at such time or times as is fixed by said county board
27 provided that all of such bonds shall mature within 20 years
28 from their date and bear interest at not to exceed the
29 maximum rate authorized by the Bond Authorization Act, as
30 amended at the time of the making of the contract, payable
31 annually or semi-annually, and may be sold as the county
32 board may direct at not less than par and accrued interest,
33 and the proceeds derived from the sale thereof shall be used
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1 solely and only for the payment of such claims, or the bonds
2 may be exchanged par for par for such claims, such bonds may
3 be delivered from time to time or all at one time.
4 With respect to instruments for the payment of money
5 issued under this Section or its predecessor either before,
6 on, or after the effective date of Public Act 86-4, it is and
7 always has been the intention of the General Assembly (i)
8 that the Omnibus Bond Acts are and always have been
9 supplementary grants of power to issue instruments in
10 accordance with the Omnibus Bond Acts, regardless of any
11 provision of this Division or "An Act to authorize any county
12 having a population of less than 5,000 to issue funding bonds
13 and to provide for the validation validaton of claims to be
14 paid by or from the proceeds of such bonds, and to provide
15 for a tax to pay the principal and interest of said bonds",
16 approved August 15, 1961, that may appear to be or to have
17 been more restrictive than those Acts, (ii) that the
18 provisions of this Section or its predecessor are not a
19 limitation on the supplementary authority granted by the
20 Omnibus Bond Acts, and (iii) that instruments issued under
21 this Section or its predecessor within the supplementary
22 authority granted by the Omnibus Bond Acts are not invalid
23 because of any provision of this Division or "An Act to
24 authorize any county having a population of less than 5,000
25 to issue funding bonds and to provide for the validation of
26 claims to be paid by or from the proceeds of such bonds, and
27 to provide for a tax to pay the principal and interest of
28 said bonds", approved August 15, 1961, that may appear to be
29 or to have been more restrictive than those Acts.
30 (Source: P.A. 86-962; 86-1028; revised 7-21-97.)
31 Section 53. The County Economic Development Project Area
32 Property Tax Allocation Act is amended by changing Sections 3
33 and 8 as follows:
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1 (55 ILCS 85/3) (from Ch. 34, par. 7003)
2 Sec. 3. Definitions. In this Act, words or terms shall
3 have the following meanings unless the context usage clearly
4 indicates that another meaning is intended.
5 (a) "Department" means the Department of Commerce and
6 Community Affairs.
7 (b) "Economic development plan" means the written plan
8 of a county which sets forth an economic development program
9 for an economic development project area. Each economic
10 development plan shall include but not be limited to (1)
11 estimated economic development project costs, (2) the sources
12 of funds to pay such costs, (3) the nature and term of any
13 obligations to be issued by the county to pay such costs, (4)
14 the most recent equalized assessed valuation of the economic
15 development project area, (5) an estimate of the equalized
16 assessed valuation of the economic development project area
17 after completion of the economic development plan, (6) the
18 estimated date of completion of any economic development
19 project proposed to be undertaken, (7) a general description
20 of any proposed developer, user, or tenant of any property to
21 be located or improved within the economic development
22 project area, (8) a description of the type, structure and
23 general character of the facilities to be developed or
24 improved in the economic development project area, (9) a
25 description of the general land uses to apply in the economic
26 development project area, (10) a description of the type,
27 class and number of employees to be employed in the operation
28 of the facilities to be developed or improved in the economic
29 development project area and (11) a commitment by the county
30 to fair employment practices and an affirmative action plan
31 with respect to any economic development program to be
32 undertaken by the county.
33 (c) "Economic development project" means any development
34 project in furtherance of the objectives of this Act.
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1 (d) "Economic development project area" means any
2 improved or vacant area which is located within the corporate
3 limits of a county and which (1) is within the unincorporated
4 area of such county, or, with the consent of any affected
5 municipality, is located partially within the unincorporated
6 area of such county and partially within one or more
7 municipalities, (2) is contiguous, (3) is not less in the
8 aggregate than 100 acres, (4) is suitable for siting by any
9 commercial, manufacturing, industrial, research or
10 transportation enterprise of facilities to include but not be
11 limited to commercial businesses, offices, factories, mills,
12 processing plants, assembly plants, packing plants,
13 fabricating plants, industrial or commercial distribution
14 centers, warehouses, repair overhaul or service facilities,
15 freight terminals, research facilities, test facilities or
16 transportation facilities, whether or not such area has been
17 used at any time for such facilities and whether or not the
18 area has been used or is suitable for such facilities and
19 whether or not the area has been used or is suitable for
20 other uses, including commercial agricultural purposes, and
21 (5) which has been certified by the Department pursuant to
22 this Act.
23 (e) "Economic development project costs" means and
24 includes the sum total of all reasonable or necessary costs
25 incurred by a county incidental to an economic development
26 project, including, without limitation, the following:
27 (1) Costs of studies, surveys, development of plans
28 and specifications, implementation and administration of
29 an economic development plan, personnel and professional
30 service costs for architectural, engineering, legal,
31 marketing, financial, planning, sheriff, fire, public
32 works or other services, provided that no charges for
33 professional services may be based on a percentage of
34 incremental tax revenue;
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1 (2) Property assembly costs within an economic
2 development project area, including but not limited to
3 acquisition of land and other real or personal property
4 or rights or interests therein, and specifically
5 including payments to developers or other
6 non-governmental persons as reimbursement for property
7 assembly costs incurred by such developer or other
8 non-governmental person;
9 (3) Site preparation costs, including but not
10 limited to clearance of any area within an economic
11 development project area by demolition or removal of any
12 existing buildings, structures, fixtures, utilities and
13 improvements and clearing and grading; and including
14 installation, repair, construction, reconstruction, or
15 relocation of public streets, public utilities, and other
16 public site improvements within or without an economic
17 development project area which are essential to the
18 preparation of the economic development project area for
19 use in accordance with an economic development plan; and
20 specifically including payments to developers or other
21 non-governmental persons as reimbursement for site
22 preparation costs incurred by such developer or
23 non-governmental person;
24 (4) Costs of renovation, rehabilitation,
25 reconstruction, relocation, repair or remodeling of any
26 existing buildings, improvements, and fixtures within an
27 economic development project area, and specifically
28 including payments to developers or other
29 non-governmental persons as reimbursement for such costs
30 incurred by such developer or non-governmental person;
31 (5) Costs of construction within an economic
32 development project area of public improvements,
33 including but not limited to, buildings, structures,
34 works, improvements, utilities or fixtures;
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1 (6) Financing costs, including but not limited to
2 all necessary and incidental expenses related to the
3 issuance of obligations, payment of any interest on any
4 obligations issued hereunder which accrues during the
5 estimated period of construction of any economic
6 development project for which such obligations are issued
7 and for not exceeding 36 months thereafter, and any
8 reasonable reserves related to the issuance of such
9 obligations;
10 (7) All or a portion of a taxing district's capital
11 costs resulting from an economic development project
12 necessarily incurred or estimated to be incurred by a
13 taxing district in the furtherance of the objectives of
14 an economic development project, to the extent that the
15 county by written agreement accepts, approves and agrees
16 to incur or to reimburse such costs;
17 (8) Relocation costs to the extent that a county
18 determines that relocation costs shall be paid or is
19 required to make payment of relocation costs by federal
20 or State law;
21 (9) The estimated tax revenues from real property
22 in an economic development project area acquired by a
23 county which, according to the economic development plan,
24 is to be used for a private use and which any taxing
25 district would have received had the county not adopted
26 property tax allocation financing for an economic
27 development project area and which would result from such
28 taxing district's levies made after the time of the
29 adoption by the county of property tax allocation
30 financing to the time the current equalized assessed
31 value of real property in the economic development
32 project area exceeds the total initial equalized value of
33 real property in that area;
34 (10) Costs of rebating ad valorem taxes paid by any
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1 developer or other nongovernmental person in whose name
2 the general taxes were paid for the last preceding year
3 on any lot, block, tract or parcel of land in the
4 economic development project area, provided that:
5 (i) such economic development project area is
6 located in an enterprise zone created pursuant to
7 the Illinois Enterprise Zone Act;
8 (ii) such ad valorem taxes shall be rebated
9 only in such amounts and for such tax year or years
10 as the county and any one or more affected taxing
11 districts shall have agreed by prior written
12 agreement;
13 (iii) any amount of rebate of taxes shall not
14 exceed the portion, if any, of taxes levied by the
15 county or such taxing district or districts which is
16 attributable to the increase in the current
17 equalized assessed valuation of each taxable lot,
18 block, tract or parcel of real property in the
19 economic development project area over and above the
20 initial equalized assessed value of each property
21 existing at the time property tax allocation
22 financing was adopted for said economic development
23 project area; and
24 (iv) costs of rebating ad valorem taxes shall
25 be paid by a county solely from the special tax
26 allocation fund established pursuant to this Act and
27 shall be paid from the proceeds of any obligations
28 issued by a county.
29 (11) Costs of job training, advanced vocational
30 education or career education programs, including but not
31 limited to courses in occupational, semi-technical or
32 technical fields leading directly to employment, incurred
33 by one or more taxing districts, provided that such costs
34 are related to the establishment and maintenance of
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1 additional job training, advanced vocational education or
2 career education programs for persons employed or to be
3 employed by employers located in an economic development
4 project area, and further provided, that when such costs
5 are incurred by a taxing district or taxing districts
6 other than the county, they shall be set forth in a
7 written agreement by or among the county and the taxing
8 district or taxing districts, which agreement describes
9 the program to be undertaken, including, but not limited
10 to, the number of employees to be trained, a description
11 of the training and services to be provided, the number
12 and type of positions available or to be available,
13 itemized costs of the program and sources of funds to pay
14 the same, and the term of the agreement. Such costs
15 include, specifically, the payment by community college
16 districts of costs pursuant to Section 3-37, 3-38, 3-40
17 and 3-40.1 of the Public Community College Act and by
18 school districts of costs pursuant to Sections 10-22.20
19 and 10-23.3a 10-23.2a of the School Code;
20 (12) Private financing costs incurred by developers
21 or other non-governmental persons in connection with an
22 economic development project, and specifically including
23 payments to developers or other non-governmental persons
24 as reimbursement for such costs incurred by such
25 developer or other non-governmental persons provided
26 that:
27 (A) private financing costs shall be paid or
28 reimbursed by a county only pursuant to the prior
29 official action of the county evidencing an intent
30 to pay such private financing costs;
31 (B) except as provided in subparagraph (D) of
32 this Section, the aggregate amount of such costs
33 paid or reimbursed by a county in any one year shall
34 not exceed 30% of such costs paid or incurred by
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1 such developer or other non-governmental person in
2 that year;
3 (C) private financing costs shall be paid or
4 reimbursed by a county solely from the special tax
5 allocation fund established pursuant to this Act and
6 shall not be paid or reimbursed from the proceeds of
7 any obligations issued by a county;
8 (D) if there are not sufficient funds
9 available in the special tax allocation fund in any
10 year to make such payment or reimbursement in full,
11 any amount of such private financing costs remaining
12 to be paid or reimbursed by a county shall accrue
13 and be payable when funds are available in the
14 special tax allocation fund to make such payment;
15 and
16 (E) in connection with its approval and
17 certification of an economic development project
18 pursuant to Section 5 of this Act, the Department
19 shall review any agreement authorizing the payment
20 or reimbursement by a county of private financing
21 costs in its consideration of the impact on the
22 revenues of the county and the affected taxing
23 districts of the use of property tax allocation
24 financing.
25 (f) "Obligations" means any instrument evidencing the
26 obligation of a county to pay money, including without
27 limitation, bonds, notes, installment or financing contracts,
28 certificates, tax anticipation warrants or notes, vouchers,
29 and any other evidence of indebtedness.
30 (g) "Taxing districts" means municipalities, townships,
31 counties, and school, road, park, sanitary, mosquito
32 abatement, forest preserve, public health, fire protection,
33 river conservancy, tuberculosis sanitarium and any other
34 county corporations or districts with the power to levy taxes
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1 on real property.
2 (Source: P.A. 86-1388; revised 12-18-97.)
3 (55 ILCS 85/8) (from Ch. 34, par. 7008)
4 Sec. 8. Issuance of obligations for economic development
5 project costs. Obligations secured by the special tax
6 allocation fund provided for in Section 7 for an economic
7 development project area may be issued to provide for
8 economic development project costs. Those obligations, when
9 so issued, shall be retired in the manner provided in the
10 ordinance authorizing the issuance of the obligations by the
11 receipts of taxes levied as specified in Section 6 against
12 the taxable property included in the economic development
13 project area and by other revenues designated or pledged by
14 the county. A county may in the ordinance pledge all or any
15 part of the funds in and to be deposited in the special tax
16 allocation fund created pursuant to Section 7 to the payment
17 of the economic development project costs and obligations.
18 Whenever a county pledges all of the funds to the credit of a
19 special tax allocation fund to secure obligations issued or
20 to be issued to pay economic development project costs, the
21 county may specifically provide that funds remaining to the
22 credit of such special tax allocation fund after the payment
23 of such obligations shall be accounted for annually and shall
24 be deemed to be "surplus" funds, and such "surplus" funds
25 shall be distributed as hereinafter provided. Whenever a
26 county pledges less than all of the monies to the credit of a
27 special tax allocation fund to secure obligations issued or
28 to be issued to pay economic development project costs, the
29 county shall provide that monies to the credit of a special
30 tax allocation fund and not subject to such pledge or
31 otherwise encumbered or required for payment of contractual
32 obligations for specified economic development project costs
33 shall be calculated annually and shall be deemed to be
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1 "surplus" funds, and such "surplus" funds shall be
2 distributed as hereinafter provided. All funds to the credit
3 of a special tax allocation fund which are deemed to be
4 "surplus" funds shall be distributed annually within 180 days
5 after the close of the county's fiscal year by being paid by
6 the county treasurer to the county collector. The county
7 collector shall thereafter make distribution to the
8 respective taxing districts in the same manner and proportion
9 as the most recent distribution by the county collector to
10 those taxing districts of real property taxes from real
11 property in the economic development project area.
12 Without limiting the foregoing in this Section the county
13 may, in addition to obligations secured by the special tax
14 allocation fund, pledge for a period not greater than the
15 term of the obligations towards payment of those obligations
16 any part or any combination of the following: (i) net
17 revenues of all or part of any economic development project;
18 (ii) taxes levied and collected on any or all property in the
19 county, including, specifically, taxes levied or imposed by
20 the county in a special service area pursuant to "An Act to
21 provide the manner of levying or imposing taxes for the
22 provision of special services to areas within the boundaries
23 of home rule units and non-home rule municipalities and
24 counties", approved September 21, 1973; (iii) the full faith
25 and credit of the county; (iv) a mortgage on part or all of
26 the economic development project; or (v) any other taxes or
27 anticipated receipts that the county may lawfully pledge.
28 Such obligations may be issued in one or more series
29 bearing interest at such rate or rates as the corporate
30 authorities of the county shall determine by ordinance, which
31 rate or rates may be variable or fixed, without regard to any
32 limitations contained in any law now in effect or hereafter
33 adopted. Such obligations shall bear such date or dates,
34 mature at such time or times not exceeding 20 years from
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1 their respective dates, but in no event exceeding 23 years
2 from the date of establishment of the economic development
3 project area, be in such denomination, be in such form,
4 whether coupon, registered or book-entry, carry such
5 registration, conversion and exchange privileges, be executed
6 in such manner, be payable in such medium of payment at such
7 place or places within or without the State of Illinois,
8 contain such covenants, terms and conditions, be subject to
9 redemption with or without premium, be subject to defeasance
10 upon such terms, and have such rank or priority, as such
11 ordinance shall provide. Obligations issued pursuant to this
12 Act may be sold at public or private sale at such price as
13 shall be determined by the corporate authorities of the
14 counties. Such obligations may, but need not, be issued
15 utilizing the provisions of any one or more of the omnibus
16 bond Acts specified in Section 1.33 of "An Act to revise the
17 law in relation to the construction of the statutes",
18 approved March 5, 1874, as such term is defined in the
19 Statute on Statutes. No referendum approval of the electors
20 shall be required as a condition to the issuance of
21 obligations pursuant to this Act except as provided in this
22 Section.
23 In the event the county (i) authorizes the issuance of
24 obligations pursuant to the authority of this Act and secured
25 by the full faith and credit of the county or (ii) pledges
26 taxes levied and collected on any or all property in the
27 county, which obligations or taxes are not obligations or
28 taxes authorized under home rule powers pursuant to Section 6
29 of Article VII of the Illinois Constitution of 1970, or are
30 not obligations or taxes authorized under "An Act to provide
31 the manner of levying or imposing taxes for the provision of
32 special services to areas within the boundaries of home rule
33 units and non-home rule municipalities and counties",
34 approved September 21, 1973, the ordinance authorizing the
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1 issuance of those obligations or pledging those taxes shall
2 be published within 10 days after the ordinance has been
3 adopted, in one or more newspapers having a general
4 circulation within the county. The publication of the
5 ordinance shall be accompanied by a notice of (1) the
6 specific number of voters required to sign a petition
7 requesting the questions of the issuance of the obligations
8 or pledging ad valorem taxes to be submitted to the electors;
9 (2) the time within which the petition must be filed; and (3)
10 the date of the prospective referendum. The county clerk
11 shall provide a petition form to any individual requesting
12 one.
13 If no petition is filed with the county clerk, as
14 hereinafter provided in this Section, within 21 days after
15 the publication of the ordinance, the ordinance shall be in
16 effect. However, if within that 21 day period a petition is
17 filed with the county clerk, signed by electors numbering not
18 less than 5% of the number of legal voters who voted at the
19 last general election in such county, asking that the
20 question of issuing obligations using the full faith and
21 credit of the county as security for the cost of paying for
22 economic development project costs, or of pledging ad valorem
23 taxes for the payment of those obligations, or both, be
24 submitted to the electors of the county, the county shall not
25 be authorized to issue obligations of the county using the
26 full faith and credit of the county as security or pledging
27 ad valorem taxes for the payment of those obligations, or
28 both, until the proposition has been submitted to and
29 approved by a majority of the voters voting on the
30 proposition at a regularly scheduled election. The county
31 shall certify the proposition to the proper election
32 authorities for submission in accordance with the general
33 election law.
34 The ordinance authorizing the obligations may provide
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1 that the obligations shall contain a recital that they are
2 issued pursuant to this Act, which recital shall be
3 conclusive evidence of their validity and of the regularity
4 of their issuance.
5 In the event the county authorizes issuance of
6 obligations pursuant to this Act secured by the full faith
7 and credit of the county, the ordinance authorizing the
8 obligations may provide for the levy and collection of a
9 direct annual tax upon all taxable property within the county
10 sufficient to pay the principal thereof and interest thereon
11 as it matures, which levy may be in addition to and exclusive
12 of the maximum of all other taxes authorized to be levied by
13 the county, which levy, however, shall be abated to the
14 extent that monies from other sources are available for
15 payment of the obligations and the county certifies the
16 amount of those monies available to the county clerk.
17 A certified copy of the ordinance shall be filed with the
18 county clerk and shall constitute the authority for the
19 extension and collection of the taxes to be deposited in the
20 special tax allocation fund.
21 A county may also issue its obligations to refund, in
22 whole or in part, obligations theretofore issued by the
23 county under the authority of this Act, whether at or prior
24 to maturity. However, the last maturity of the refunding
25 obligations shall not be expressed to mature later than 23
26 years from the date of the ordinance establishing the
27 economic development project area.
28 In the event a county issues obligations under home rule
29 powers and other legislative authority, including
30 specifically, "An Act to provide the manner of levying or
31 imposing taxes for the provisions of special services to
32 areas within the boundaries of home rule units and non-home
33 rule municipalities and counties", approved September 21,
34 1973, the proceeds of which are pledged to pay for economic
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1 development project costs, the county may, if it has followed
2 the procedures in conformance with this Act, retire those
3 obligations from funds in the special tax allocation fund in
4 amount and in such manner as if those obligations had been
5 issued pursuant to the provisions of this Act.
6 No obligations issued pursuant to this Act shall be
7 regarded as indebtedness of the county issuing those
8 obligations for the purpose of any limitation imposed by law.
9 Obligations issued pursuant to this Act shall not be
10 subject to the provisions of the Bond Authorization Act "An
11 Act to authorize public corporations to issue bonds, other
12 evidences of indebtedness and tax anticipation warrants
13 subject to interest rate limitations set forth therein",
14 approved May 26, 1979.
15 (Source: P.A. 86-1388; revised 12-18-97.)
16 Section 55. The Township Code is amended by changing
17 Sections 70-15 and 145-20 as follows:
18 (60 ILCS 1/70-15)
19 Sec. 70-15. Chief executive officer; fiscal duties;
20 penalty for neglect.
21 (a) The supervisor is the chief executive officer of the
22 township.
23 (b) The supervisor shall receive and pay out all moneys
24 raised in the township for defraying township charges, except
25 those raised for the support of highways and bridges, and for
26 township library purposes.
27 (c) The supervisor shall, within 30 days before the
28 annual township meeting, prepare and file with the township
29 clerk a full statement of the financial affairs of the
30 township, showing (i) the balance (if any) received by the
31 supervisor from his or her predecessor in office or from any
32 other source; (ii) the amount of tax levied the preceding
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1 year for the payment of township indebtedness and charges;
2 (iii) the amount collected and paid over to the supervisor as
3 supervisor; (iv) the amount paid out by the supervisor and on
4 what account, including any amount paid out on township
5 indebtedness, specifying the nature and amount of the
6 township indebtedness, the amount paid on the indebtedness,
7 the amount paid on principal, and the amount paid on interest
8 account; and (v) the amount and kind of all outstanding
9 indebtedness due and unpaid, the amount and kind of
10 indebtedness not yet due, and when the indebtedness not yet
11 due will mature. The township clerk shall record the
12 statement in the record book of the township as soon as it is
13 filed and shall post a copy of the statement at the place of
14 holding the annual township meeting 2 days before the meeting
15 is held. The clerk shall also read aloud the statement to the
16 electors at the annual township meeting.
17 (d) Any supervisor or township clerk who wilfully
18 neglects to comply with this Section shall forfeit and pay to
19 the township the sum of not less than $50 nor more than $200.
20 The amount forfeited shall be sued for and recovered by the
21 township in its corporate name and shall be appropriated to
22 repairs of highways and bridges in the township.
23 (Source: P.A. 87-847; 88-62; revised 12-18-97.)
24 (60 ILCS 1/145-20)
25 Sec. 145-20. "Building" or "purchasing" a township hall,
26 as used in this Article, means the purchasing of real estate
27 upon which to build the township hall or upon which the the
28 township hall is situated, as well as to build or purchase
29 the township hall.
30 (Source: P.A. 88-62; revised 7-17-97.)
31 Section 56. The Illinois Municipal Code is amended by
32 changing Sections 8-4-15, 8-11-2, 9-2-78, 10-2.1-6,
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1 10-2.1-14, 11-6-2, 11-19.2-1, 11-74-2, 11-74.6-10, and
2 11-119.1-12 as follows:
3 (65 ILCS 5/8-4-15) (from Ch. 24, par. 8-4-15)
4 Sec. 8-4-15. The ordinance authorizing such refunding
5 revenue bonds shall prescribe all the details thereof and the
6 bonds shall be in such form and denomination, payable at such
7 places, bear such date and be executed by such officials as
8 may be provided in the bond ordinance. The ordinance also
9 shall determine the period of usefulness of the utility. The
10 refunding revenue bonds shall mature within the determined
11 period of usefulness of the utility and shall mature, in any
12 event, within not to exceed 40 years from their date, and may
13 be made callable on any interest payment date at a price of
14 par and accrued interest, after notice shall be given by
15 publication or otherwise at any time or times and in the
16 manner as may be provided for in the bond ordinance.
17 The ordinance may contain such covenants and restrictions
18 upon the issuance of additional refunding revenue bonds, or
19 revenue bonds for the improvement and extension of such
20 utility or facility as may be deemed necessary or advisable
21 for the assurance of the payment of the refunding revenue
22 bonds thereby authorized. Such bonds shall be payable solely
23 from the revenues derived from such municipally-owned utility
24 or facility and such bonds shall not, in any event,
25 constitute an indebtedness of the municipality within the
26 meaning of any constitutional or statutory limitation, and it
27 shall be plainly stated on the face of each bond that it does
28 not constitute an indebtedness of the municipality within the
29 meaning of any constitutional or statutory limitation, and it
30 shall be plainly stated on the face of each bond that it does
31 not constitute an indebtedness of the municipality within any
32 constitutional or statutory provision or limitation.
33 The validity of any refunding revenue bonds shall remain
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1 unimpaired, although one or more of the officials executing
2 the same shall cease to be such officer or officers before
3 delivery thereof, and such bonds shall have all the qualities
4 of negotiable instruments under the Law Merchant and Article
5 3 of the Uniform Commercial Code.
6 (Source: P.A. 76-826; revised 12-18-97.)
7 (65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
8 (Text of Section before amendment by P.A. 90-561)
9 Sec. 8-11-2. The corporate authorities of any
10 municipality may tax any or all of the following occupations
11 or privileges:
12 1. Persons engaged in the business of transmitting
13 messages by means of electricity or radio magnetic waves,
14 or fiber optics, at a rate not to exceed 5% of the gross
15 receipts from that business originating within the
16 corporate limits of the municipality.
17 2. Persons engaged in the business of distributing,
18 supplying, furnishing, or selling gas for use or
19 consumption within the corporate limits of a municipality
20 of 500,000 or fewer population, and not for resale, at a
21 rate not to exceed 5% of the gross receipts therefrom.
22 2a. Persons engaged in the business of
23 distributing, supplying, furnishing, or selling gas for
24 use or consumption within the corporate limits of a
25 municipality of over 500,000 population, and not for
26 resale, at a rate not to exceed 8% of the gross receipts
27 therefrom. If imposed, this tax shall be paid in monthly
28 payments.
29 3. Persons engaged in the business of distributing,
30 supplying, furnishing, or selling electricity for use or
31 consumption within the corporate limits of the
32 municipality, and not for resale, at a rate not to exceed
33 5% of the gross receipts therefrom.
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1 4. Persons engaged in the business of distributing,
2 supplying, furnishing, or selling water for use or
3 consumption within the corporate limits of the
4 municipality, and not for resale, at a rate not to exceed
5 5% of the gross receipts therefrom.
6 None of the taxes authorized by this Section may be
7 imposed with respect to any transaction in interstate
8 commerce or otherwise to the extent to which the business may
9 not, under the constitution and statutes of the United
10 States, be made the subject of taxation by this State or any
11 political sub-division thereof; nor shall any persons engaged
12 in the business of distributing, supplying, furnishing, or
13 selling gas, water, or electricity, or engaged in the
14 business of transmitting messages be subject to taxation
15 under the provisions of this Section for those transactions
16 that are or may become subject to taxation under the
17 provisions of the "Municipal Retailers' Occupation Tax Act"
18 authorized by Section 8-11-1; nor shall any tax authorized by
19 this Section be imposed upon any person engaged in a business
20 unless the tax is imposed in like manner and at the same rate
21 upon all persons engaged in businesses of the same class in
22 the municipality, whether privately or municipally owned or
23 operated.
24 Any of the taxes enumerated in this Section may be in
25 addition to the payment of money, or value of products or
26 services furnished to the municipality by the taxpayer as
27 compensation for the use of its streets, alleys, or other
28 public places, or installation and maintenance therein,
29 thereon or thereunder of poles, wires, pipes or other
30 equipment used in the operation of the taxpayer's business.
31 (a) If the corporate authorities of any home rule
32 municipality have adopted an ordinance that imposed a tax on
33 public utility customers, between July 1, 1971, and October
34 1, 1981, on the good faith belief that they were exercising
HB1268 Enrolled -377- LRB9000999EGfg
1 authority pursuant to Section 6 of Article VII of the 1970
2 Illinois Constitution, that action of the corporate
3 authorities shall be declared legal and valid,
4 notwithstanding a later decision of a judicial tribunal
5 declaring the ordinance invalid. No municipality shall be
6 required to rebate, refund, or issue credits for any taxes
7 described in this paragraph, and those taxes shall be deemed
8 to have been levied and collected in accordance with the
9 Constitution and laws of this State.
10 (b) In any case in which (i) prior to October 19, 1979,
11 the corporate authorities of any municipality have adopted an
12 ordinance imposing a tax authorized by this Section (or by
13 the predecessor provision of the "Revised Cities and Villages
14 Act") and have explicitly or in practice interpreted gross
15 receipts to include either charges added to customers' bills
16 pursuant to the provision of paragraph (a) of Section 36 of
17 the Public Utilities Act or charges added to customers' bills
18 by taxpayers who are not subject to rate regulation by the
19 Illinois Commerce Commission for the purpose of recovering
20 any of the tax liabilities or other amounts specified in such
21 paragraph (a) of Section 36 of that Act, and (ii) on or after
22 October 19, 1979, a judicial tribunal has construed gross
23 receipts to exclude all or part of those charges, then
24 neither those municipality nor any taxpayer who paid the tax
25 shall be required to rebate, refund, or issue credits for any
26 tax imposed or charge collected from customers pursuant to
27 the municipality's interpretation prior to October 19, 1979.
28 This paragraph reflects a legislative finding that it would
29 be contrary to the public interest to require a municipality
30 or its taxpayers to refund taxes or charges attributable to
31 the municipality's more inclusive interpretation of gross
32 receipts prior to October 19, 1979, and is not intended to
33 prescribe or limit judicial construction of this Section. The
34 legislative finding set forth in this subsection does not
HB1268 Enrolled -378- LRB9000999EGfg
1 apply to taxes imposed after the effective date of this
2 amendatory Act of 1995.
3 (c) (Blank).
4 (d) For the purpose of the taxes enumerated in this
5 Section:
6 "Gross receipts" means the consideration received for the
7 transmission of messages, the consideration received for
8 distributing, supplying, furnishing or selling gas for use or
9 consumption and not for resale, and the consideration
10 received for distributing, supplying, furnishing or selling
11 electricity for use or consumption and not for resale, and
12 the consideration received for distributing, supplying,
13 furnishing or selling water for use or consumption and not
14 for resale, and for all services rendered in connection
15 therewith valued in money, whether received in money or
16 otherwise, including cash, credit, services and property of
17 every kind and material and for all services rendered
18 therewith, and shall be determined without any deduction on
19 account of the cost of transmitting such messages, without
20 any deduction on account of the cost of the service, product
21 or commodity supplied, the cost of materials used, labor or
22 service cost, or any other expenses whatsoever. "Gross
23 receipts" shall not include that portion of the consideration
24 received for distributing, supplying, furnishing, or selling
25 gas, electricity, or water to, or for the transmission of
26 messages for, business enterprises described in paragraph (e)
27 of this Section to the extent and during the period in which
28 the exemption authorized by paragraph (e) is in effect or for
29 school districts or units of local government described in
30 paragraph (f) during the period in which the exemption
31 authorized in paragraph (f) is in effect. "Gross receipts"
32 shall not include amounts paid by telecommunications
33 retailers under the Telecommunications Municipal
34 Infrastructure Maintenance Fee Act.
HB1268 Enrolled -379- LRB9000999EGfg
1 For utility bills issued on or after May 1, 1996, but
2 before May 1, 1997, and for receipts from those utility
3 bills, "gross receipts" does not include one-third of (i)
4 amounts added to customers' bills under Section 9-222 of the
5 Public Utilities Act, or (ii) amounts added to customers'
6 bills by taxpayers who are not subject to rate regulation by
7 the Illinois Commerce Commission for the purpose of
8 recovering any of the tax liabilities described in Section
9 9-222 of the Public Utilities Act. For utility bills issued
10 on or after May 1, 1997, but before May 1, 1998, and for
11 receipts from those utility bills, "gross receipts" does not
12 include two-thirds of (i) amounts added to customers' bills
13 under Section 9-222 of the Public Utilities Act, or (ii)
14 amount added to customers' bills by taxpayers who are not
15 subject to rate regulation by the Illinois Commerce
16 Commission for the purpose of recovering any of the tax
17 liabilities described in Section 9-222 of the Public
18 Utilities Act. For utility bills issued on or after May 1,
19 1998, and for receipts from those utility bills, "gross
20 receipts" does not include (i) amounts added to customers'
21 bills under Section 9-222 of the Public Utilities Act, or
22 (ii) amounts added to customers' bills by taxpayers who are
23 not subject to rate regulation by the Illinois Commerce
24 Commission for the purpose of recovering any of the tax
25 liabilities described in Section 9-222 of the Public
26 Utilities Act.
27 For purposes of this Section "gross receipts" shall not
28 include (i) amounts added to customers' bills under Section
29 9-221 of the Public Utilities Act, or (ii) charges added to
30 customers' bills to recover the surcharge imposed under the
31 Emergency Telephone System Act. This paragraph is not
32 intended to nor does it make any change in the meaning of
33 "gross receipts" for the purposes of this Section, but is
34 intended to remove possible ambiguities, thereby confirming
HB1268 Enrolled -380- LRB9000999EGfg
1 the existing meaning of "gross receipts" prior to the
2 effective date of this amendatory Act of 1995.
3 The words "transmitting messages", in addition to the
4 usual and popular meaning of person to person communication,
5 shall include the furnishing, for a consideration, of
6 services or facilities (whether owned or leased), or both, to
7 persons in connection with the transmission of messages where
8 those persons do not, in turn, receive any consideration in
9 connection therewith, but shall not include such furnishing
10 of services or facilities to persons for the transmission of
11 messages to the extent that any such services or facilities
12 for the transmission of messages are furnished for a
13 consideration, by those persons to other persons, for the
14 transmission of messages.
15 "Person" as used in this Section means any natural
16 individual, firm, trust, estate, partnership, association,
17 joint stock company, joint adventure, corporation, municipal
18 corporation or political subdivision of this State, or a
19 receiver, trustee, guardian or other representative appointed
20 by order of any court.
21 "Public utility" shall have the meaning ascribed to it in
22 Section 3-105 of the Public Utilities Act and shall include
23 telecommunications carriers as defined in Section 13-202 of
24 that Act.
25 In the case of persons engaged in the business of
26 transmitting messages through the use of mobile equipment,
27 such as cellular phones and paging systems, the gross
28 receipts from the business shall be deemed to originate
29 within the corporate limits of a municipality only if the
30 address to which the bills for the service are sent is within
31 those corporate limits. If, however, that address is not
32 located within a municipality that imposes a tax under this
33 Section, then (i) if the party responsible for the bill is
34 not an individual, the gross receipts from the business shall
HB1268 Enrolled -381- LRB9000999EGfg
1 be deemed to originate within the corporate limits of the
2 municipality where that party's principal place of business
3 in Illinois is located, and (ii) if the party responsible for
4 the bill is an individual, the gross receipts from the
5 business shall be deemed to originate within the corporate
6 limits of the municipality where that party's principal
7 residence in Illinois is located.
8 (e) Any municipality that imposes taxes upon public
9 utilities pursuant to this Section whose territory includes
10 any part of an enterprise zone or federally designated
11 Foreign Trade Zone or Sub-Zone may, by a majority vote of its
12 corporate authorities, exempt from those taxes for a period
13 not exceeding 20 years any specified percentage of gross
14 receipts of public utilities received from business
15 enterprises that:
16 (1) either (i) make investments that cause the
17 creation of a minimum of 200 full-time equivalent jobs in
18 Illinois, (ii) make investments of at least $175,000,000
19 that cause the creation of a minimum of 150 full-time
20 equivalent jobs in Illinois, or (iii) make investments
21 that cause the retention of a minimum of 1,000 full-time
22 jobs in Illinois; and
23 (2) are either (i) located in an Enterprise Zone
24 established pursuant to the Illinois Enterprise Zone Act
25 or (ii) Department of Commerce and Community Affairs
26 designated High Impact Businesses located in a federally
27 designated Foreign Trade Zone or Sub-Zone; and
28 (3) are certified by the Department of Commerce and
29 Community Affairs as complying with the requirements
30 specified in clauses (1) and (2) of this paragraph (e).
31 Upon adoption of the ordinance authorizing the exemption,
32 the municipal clerk shall transmit a copy of that ordinance
33 to the Department of Commerce and Community Affairs. The
34 Department of Commerce and Community Affairs shall determine
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1 whether the business enterprises located in the municipality
2 meet the criteria prescribed in this paragraph. If the
3 Department of Commerce and Community Affairs determines that
4 the business enterprises meet the criteria, it shall grant
5 certification. The Department of Commerce and Community
6 Affairs shall act upon certification requests within 30 days
7 after receipt of the ordinance.
8 Upon certification of the business enterprise by the
9 Department of Commerce and Community Affairs, the Department
10 of Commerce and Community Affairs shall notify the Department
11 of Revenue of the certification. The Department of Revenue
12 shall notify the public utilities of the exemption status of
13 the gross receipts received from the certified business
14 enterprises. Such exemption status shall be effective within
15 3 months after certification.
16 (f) A municipality that imposes taxes upon public
17 utilities under this Section and whose territory includes
18 part of another unit of local government or a school district
19 may by ordinance exempt the other unit of local government or
20 school district from those taxes.
21 (g) The amendment of this Section by Public Act 84-127
22 shall take precedence over any other amendment of this
23 Section by any other amendatory Act passed by the 84th
24 General Assembly before the effective date of Public Act
25 84-127.
26 (h) In any case in which, before July 1, 1992, a person
27 engaged in the business of transmitting messages through the
28 use of mobile equipment, such as cellular phones and paging
29 systems, has determined the municipality within which the
30 gross receipts from the business originated by reference to
31 the location of its transmitting or switching equipment, then
32 (i) neither the municipality to which tax was paid on that
33 basis nor the taxpayer that paid tax on that basis shall be
34 required to rebate, refund, or issue credits for any such tax
HB1268 Enrolled -383- LRB9000999EGfg
1 or charge collected from customers to reimburse the taxpayer
2 for the tax and (ii) no municipality to which tax would have
3 been paid with respect to those gross receipts if the
4 provisions of this amendatory Act of 1991 had been in effect
5 before July 1, 1992, shall have any claim against the
6 taxpayer for any amount of the tax.
7 (Source: P.A. 89-325, eff. 1-1-96; 90-16, eff. 6-16-97;
8 90-562, eff. 12-16-97.)
9 (Text of Section after amendment by P.A. 90-561)
10 Sec. 8-11-2. The corporate authorities of any
11 municipality may tax any or all of the following occupations
12 or privileges:
13 1. Persons engaged in the business of transmitting
14 messages by means of electricity or radio magnetic waves,
15 or fiber optics, at a rate not to exceed 5% of the gross
16 receipts from that business originating within the
17 corporate limits of the municipality.
18 2. Persons engaged in the business of distributing,
19 supplying, furnishing, or selling gas for use or
20 consumption within the corporate limits of a municipality
21 of 500,000 or fewer population, and not for resale, at a
22 rate not to exceed 5% of the gross receipts therefrom.
23 2a. Persons engaged in the business of
24 distributing, supplying, furnishing, or selling gas for
25 use or consumption within the corporate limits of a
26 municipality of over 500,000 population, and not for
27 resale, at a rate not to exceed 8% of the gross receipts
28 therefrom. If imposed, this tax shall be paid in monthly
29 payments.
30 3. The privilege of using or consuming electricity
31 acquired in a purchase at retail and used or consumed
32 within the corporate limits of the municipality at rates
33 not to exceed the following maximum rates, calculated on
34 a monthly basis for each purchaser:
HB1268 Enrolled -384- LRB9000999EGfg
1 (i) For the first 2,000 kilowatt-hours used or
2 consumed in a month; 0.61 cents per kilowatt-hour;
3 (ii) For the next 48,000 kilowatt-hours used or
4 consumed in a month; 0.40 cents per kilowatt-hour;
5 (iii) For the next 50,000 kilowatt-hours used or
6 consumed in a month; 0.36 cents per kilowatt-hour;
7 (iv) For the next 400,000 kilowatt-hours used or
8 consumed in a month; 0.35 cents per kilowatt-hour;
9 (v) For the next 500,000 kilowatt-hours used or
10 consumed in a month; 0.34 cents per kilowatt-hour;
11 (vi) For the next 2,000,000 kilowatt-hours used or
12 consumed in a month; 0.32 cents per kilowatt-hour;
13 (vii) For the next 2,000,000 kilowatt-hours used or
14 consumed in a month; 0.315 cents per kilowatt-hour;
15 (viii) For the next 5,000,000 kilowatt-hours used
16 or consumed in a month; 0.31 cents per kilowatt-hour;
17 (ix) For the next 10,000,000 kilowatt-hours used or
18 consumed in a month; 0.305 cents per kilowatt-hour; and
19 (x) For all electricity used or consumed in excess
20 of 20,000,000 kilowatt-hours in a month, 0.30 cents per
21 kilowatt-hour.
22 If a municipality imposes a tax at rates lower than
23 either the maximum rates specified in this Section or the
24 alternative maximum rates promulgated by the Illinois
25 Commerce Commission, as provided below, the tax rates
26 shall be imposed upon the kilowatt hour categories set
27 forth above with the same proportional relationship as
28 that which exists among such maximum rates.
29 Notwithstanding the foregoing, until December 31, 2008,
30 no municipality shall establish rates that are in excess
31 of rates reasonably calculated to produce revenues that
32 equal the maximum total revenues such municipality could
33 have received under the tax authorized by this
34 subparagraph in the last full calendar year prior to the
HB1268 Enrolled -385- LRB9000999EGfg
1 effective date of Section 65 of this amendatory Act of
2 1997; provided that this shall not be a limitation on the
3 amount of tax revenues actually collected by such
4 municipality.
5 Upon the request of the corporate authorities of a
6 municipality, the Illinois Commerce Commission shall,
7 within 90 days after receipt of such request, promulgate
8 alternative rates for each of these kilowatt-hour
9 categories that will reflect, as closely as reasonably
10 practical for that municipality, the distribution of the
11 tax among classes of purchasers as if the tax were based
12 on a uniform percentage of the purchase price of
13 electricity. A municipality that has adopted an
14 ordinance imposing a tax pursuant to subparagraph 3 as it
15 existed prior to the effective date of Section 65 of this
16 amendatory Act of 1997 may, rather than imposing the tax
17 permitted by this amendatory Act of 1997, continue to
18 impose the tax pursuant to that ordinance with respect to
19 gross receipts received from residential customers
20 through July 31, 1999, and with respect to gross receipts
21 from any non-residential customer until the first bill
22 issued to such customer for delivery services in
23 accordance with Section 16-104 of the Public Utilities
24 Act but in no case later than the last bill issued to
25 such customer before December 31, 2000. No ordinance
26 imposing the tax permitted by this amendatory Act of 1997
27 shall be applicable to any non-residential customer until
28 the first bill issued to such customer for delivery
29 services in accordance with Section 16-104 of the Public
30 Utilities Act but in no case later than the last bill
31 issued to such non-residential customer before December
32 31, 2000.
33 4. Persons engaged in the business of distributing,
34 supplying, furnishing, or selling water for use or
HB1268 Enrolled -386- LRB9000999EGfg
1 consumption within the corporate limits of the
2 municipality, and not for resale, at a rate not to exceed
3 5% of the gross receipts therefrom.
4 None of the taxes authorized by this Section may be
5 imposed with respect to any transaction in interstate
6 commerce or otherwise to the extent to which the business or
7 privilege may not, under the constitution and statutes of the
8 United States, be made the subject of taxation by this State
9 or any political sub-division thereof; nor shall any persons
10 engaged in the business of distributing, supplying,
11 furnishing, selling or transmitting gas, water, or
12 electricity, or engaged in the business of transmitting
13 messages, or using or consuming electricity acquired in a
14 purchase at retail, be subject to taxation under the
15 provisions of this Section for those transactions that are or
16 may become subject to taxation under the provisions of the
17 "Municipal Retailers' Occupation Tax Act" authorized by
18 Section 8-11-1; nor shall any tax authorized by this Section
19 be imposed upon any person engaged in a business or on any
20 privilege unless the tax is imposed in like manner and at the
21 same rate upon all persons engaged in businesses of the same
22 class in the municipality, whether privately or municipally
23 owned or operated, or exercising the same privilege within
24 the municipality.
25 Any of the taxes enumerated in this Section may be in
26 addition to the payment of money, or value of products or
27 services furnished to the municipality by the taxpayer as
28 compensation for the use of its streets, alleys, or other
29 public places, or installation and maintenance therein,
30 thereon or thereunder of poles, wires, pipes or other
31 equipment used in the operation of the taxpayer's business.
32 (a) If the corporate authorities of any home rule
33 municipality have adopted an ordinance that imposed a tax on
34 public utility customers, between July 1, 1971, and October
HB1268 Enrolled -387- LRB9000999EGfg
1 1, 1981, on the good faith belief that they were exercising
2 authority pursuant to Section 6 of Article VII of the 1970
3 Illinois Constitution, that action of the corporate
4 authorities shall be declared legal and valid,
5 notwithstanding a later decision of a judicial tribunal
6 declaring the ordinance invalid. No municipality shall be
7 required to rebate, refund, or issue credits for any taxes
8 described in this paragraph, and those taxes shall be deemed
9 to have been levied and collected in accordance with the
10 Constitution and laws of this State.
11 (b) In any case in which (i) prior to October 19, 1979,
12 the corporate authorities of any municipality have adopted an
13 ordinance imposing a tax authorized by this Section (or by
14 the predecessor provision of the "Revised Cities and Villages
15 Act") and have explicitly or in practice interpreted gross
16 receipts to include either charges added to customers' bills
17 pursuant to the provision of paragraph (a) of Section 36 of
18 the Public Utilities Act or charges added to customers' bills
19 by taxpayers who are not subject to rate regulation by the
20 Illinois Commerce Commission for the purpose of recovering
21 any of the tax liabilities or other amounts specified in such
22 paragraph (a) of Section 36 of that Act, and (ii) on or after
23 October 19, 1979, a judicial tribunal has construed gross
24 receipts to exclude all or part of those charges, then
25 neither those municipality nor any taxpayer who paid the tax
26 shall be required to rebate, refund, or issue credits for any
27 tax imposed or charge collected from customers pursuant to
28 the municipality's interpretation prior to October 19, 1979.
29 This paragraph reflects a legislative finding that it would
30 be contrary to the public interest to require a municipality
31 or its taxpayers to refund taxes or charges attributable to
32 the municipality's more inclusive interpretation of gross
33 receipts prior to October 19, 1979, and is not intended to
34 prescribe or limit judicial construction of this Section. The
HB1268 Enrolled -388- LRB9000999EGfg
1 legislative finding set forth in this subsection does not
2 apply to taxes imposed after the effective date of this
3 amendatory Act of 1995.
4 (c) The tax authorized by subparagraph 3 shall be
5 collected from the purchaser by the person maintaining a
6 place of business in this State who delivers the electricity
7 to the purchaser. This tax shall constitute a debt of the
8 purchaser to the person who delivers the electricity to the
9 purchaser and if unpaid, is recoverable in the same manner as
10 the original charge for delivering the electricity. Any tax
11 required to be collected pursuant to an ordinance authorized
12 by subparagraph 3 and any such tax collected by a person
13 delivering electricity shall constitute a debt owed to the
14 municipality by such person delivering the electricity,
15 provided, that the person delivering electricity shall be
16 allowed credit for such tax related to deliveries of
17 electricity the charges for which are written off as
18 uncollectible, and provided further, that if such charges are
19 thereafter collected, the delivering supplier shall be
20 obligated to remit such tax. For purposes of this subsection
21 (c), any partial payment not specifically identified by the
22 purchaser shall be deemed to be for the delivery of
23 electricity. Persons delivering electricity shall collect the
24 tax from the purchaser by adding such tax to the gross charge
25 for delivering the electricity, in the manner prescribed by
26 the municipality. Persons delivering electricity shall also
27 be authorized to add to such gross charge an amount equal to
28 3% of the tax to reimburse the person delivering electricity
29 for the expenses incurred in keeping records, billing
30 customers, preparing and filing returns, remitting the tax
31 and supplying data to the municipality upon request. If the
32 person delivering electricity fails to collect the tax from
33 the purchaser, then the purchaser shall be required to pay
34 the tax directly to the municipality in the manner prescribed
HB1268 Enrolled -389- LRB9000999EGfg
1 by the municipality. Persons delivering electricity who file
2 returns pursuant to this paragraph (c) shall, at the time of
3 filing such return, pay the municipality the amount of the
4 tax collected pursuant to subparagraph 3.
5 (d) For the purpose of the taxes enumerated in this
6 Section:
7 "Gross receipts" means the consideration received for the
8 transmission of messages, the consideration received for
9 distributing, supplying, furnishing or selling gas for use or
10 consumption and not for resale, and the consideration
11 received for distributing, supplying, furnishing or selling
12 water for use or consumption and not for resale, and for all
13 services rendered in connection therewith valued in money,
14 whether received in money or otherwise, including cash,
15 credit, services and property of every kind and material and
16 for all services rendered therewith, and shall be determined
17 without any deduction on account of the cost of transmitting
18 such messages, without any deduction on account of the cost
19 of the service, product or commodity supplied, the cost of
20 materials used, labor or service cost, or any other expenses
21 whatsoever. "Gross receipts" shall not include that portion
22 of the consideration received for distributing, supplying,
23 furnishing, or selling gas, or water to, or for the
24 transmission of messages for, business enterprises described
25 in paragraph (e) of this Section to the extent and during the
26 period in which the exemption authorized by paragraph (e) is
27 in effect or for school districts or units of local
28 government described in paragraph (f) during the period in
29 which the exemption authorized in paragraph (f) is in effect.
30 "Gross receipts" shall not include amounts paid by
31 telecommunications retailers under the Telecommunications
32 Municipal Infrastructure Maintenance Fee Act.
33 For utility bills issued on or after May 1, 1996, but
34 before May 1, 1997, and for receipts from those utility
HB1268 Enrolled -390- LRB9000999EGfg
1 bills, "gross receipts" does not include one-third of (i)
2 amounts added to customers' bills under Section 9-222 of the
3 Public Utilities Act, or (ii) amounts added to customers'
4 bills by taxpayers who are not subject to rate regulation by
5 the Illinois Commerce Commission for the purpose of
6 recovering any of the tax liabilities described in Section
7 9-222 of the Public Utilities Act. For utility bills issued
8 on or after May 1, 1997, but before May 1, 1998, and for
9 receipts from those utility bills, "gross receipts" does not
10 include two-thirds of (i) amounts added to customers' bills
11 under Section 9-222 of the Public Utilities Act, or (ii)
12 amount added to customers' bills by taxpayers who are not
13 subject to rate regulation by the Illinois Commerce
14 Commission for the purpose of recovering any of the tax
15 liabilities described in Section 9-222 of the Public
16 Utilities Act. For utility bills issued on or after May 1,
17 1998, and for receipts from those utility bills, "gross
18 receipts" does not include (i) amounts added to customers'
19 bills under Section 9-222 of the Public Utilities Act, or
20 (ii) amounts added to customers' bills by taxpayers who are
21 not subject to rate regulation by the Illinois Commerce
22 Commission for the purpose of recovering any of the tax
23 liabilities described in Section 9-222 of the Public
24 Utilities Act.
25 For purposes of this Section "gross receipts" shall not
26 include (i) amounts added to customers' bills under Section
27 9-221 of the Public Utilities Act, or (ii) charges added to
28 customers' bills to recover the surcharge imposed under the
29 Emergency Telephone System Act. This paragraph is not
30 intended to nor does it make any change in the meaning of
31 "gross receipts" for the purposes of this Section, but is
32 intended to remove possible ambiguities, thereby confirming
33 the existing meaning of "gross receipts" prior to the
34 effective date of this amendatory Act of 1995.
HB1268 Enrolled -391- LRB9000999EGfg
1 The words "transmitting messages", in addition to the
2 usual and popular meaning of person to person communication,
3 shall include the furnishing, for a consideration, of
4 services or facilities (whether owned or leased), or both, to
5 persons in connection with the transmission of messages where
6 those persons do not, in turn, receive any consideration in
7 connection therewith, but shall not include such furnishing
8 of services or facilities to persons for the transmission of
9 messages to the extent that any such services or facilities
10 for the transmission of messages are furnished for a
11 consideration, by those persons to other persons, for the
12 transmission of messages.
13 "Person" as used in this Section means any natural
14 individual, firm, trust, estate, partnership, association,
15 joint stock company, joint adventure, corporation, limited
16 liability company, municipal corporation, the State or any of
17 its political subdivisions, any State university created by
18 statute, or a receiver, trustee, guardian or other
19 representative appointed by order of any court.
20 "Person maintaining a place of business in this State"
21 shall mean any person having or maintaining within this
22 State, directly or by a subsidiary or other affiliate, an
23 office, generation facility, distribution facility,
24 transmission facility, sales office or other place of
25 business, or any employee, agent, or other representative
26 operating within this State under the authority of the person
27 or its subsidiary or other affiliate, irrespective of whether
28 such place of business or agent or other representative is
29 located in this State permanently or temporarily, or whether
30 such person, subsidiary or other affiliate is licensed or
31 qualified to do business in this State.
32 "Public utility" shall have the meaning ascribed to it in
33 Section 3-105 of the Public Utilities Act and shall include
34 telecommunications carriers as defined in Section 13-202 of
HB1268 Enrolled -392- LRB9000999EGfg
1 that Act and alternative retail electric suppliers as defined
2 in Section 16-102 of that Act.
3 "Purchase at retail" shall mean any acquisition of
4 electricity by a purchaser for purposes of use or
5 consumption, and not for resale, but shall not include the
6 use of electricity by a public utility directly in the
7 generation, production, transmission, delivery or sale of
8 electricity.
9 "Purchaser" shall mean any person who uses or consumes,
10 within the corporate limits of the municipality, electricity
11 acquired in a purchase at retail.
12 In the case of persons engaged in the business of
13 transmitting messages through the use of mobile equipment,
14 such as cellular phones and paging systems, the gross
15 receipts from the business shall be deemed to originate
16 within the corporate limits of a municipality only if the
17 address to which the bills for the service are sent is within
18 those corporate limits. If, however, that address is not
19 located within a municipality that imposes a tax under this
20 Section, then (i) if the party responsible for the bill is
21 not an individual, the gross receipts from the business shall
22 be deemed to originate within the corporate limits of the
23 municipality where that party's principal place of business
24 in Illinois is located, and (ii) if the party responsible for
25 the bill is an individual, the gross receipts from the
26 business shall be deemed to originate within the corporate
27 limits of the municipality where that party's principal
28 residence in Illinois is located.
29 (e) Any municipality that imposes taxes upon public
30 utilities or upon the privilege of using or consuming
31 electricity pursuant to this Section whose territory includes
32 any part of an enterprise zone or federally designated
33 Foreign Trade Zone or Sub-Zone may, by a majority vote of its
34 corporate authorities, exempt from those taxes for a period
HB1268 Enrolled -393- LRB9000999EGfg
1 not exceeding 20 years any specified percentage of gross
2 receipts of public utilities received from, or electricity
3 used or consumed by, business enterprises that:
4 (1) either (i) make investments that cause the
5 creation of a minimum of 200 full-time equivalent jobs in
6 Illinois, (ii) make investments of at least $175,000,000
7 that cause the creation of a minimum of 150 full-time
8 equivalent jobs in Illinois, or (iii) make investments
9 that cause the retention of a minimum of 1,000 full-time
10 jobs in Illinois; and
11 (2) are either (i) located in an Enterprise Zone
12 established pursuant to the Illinois Enterprise Zone Act
13 or (ii) Department of Commerce and Community Affairs
14 designated High Impact Businesses located in a federally
15 designated Foreign Trade Zone or Sub-Zone; and
16 (3) are certified by the Department of Commerce and
17 Community Affairs as complying with the requirements
18 specified in clauses (1) and (2) of this paragraph (e).
19 Upon adoption of the ordinance authorizing the exemption,
20 the municipal clerk shall transmit a copy of that ordinance
21 to the Department of Commerce and Community Affairs. The
22 Department of Commerce and Community Affairs shall determine
23 whether the business enterprises located in the municipality
24 meet the criteria prescribed in this paragraph. If the
25 Department of Commerce and Community Affairs determines that
26 the business enterprises meet the criteria, it shall grant
27 certification. The Department of Commerce and Community
28 Affairs shall act upon certification requests within 30 days
29 after receipt of the ordinance.
30 Upon certification of the business enterprise by the
31 Department of Commerce and Community Affairs, the Department
32 of Commerce and Community Affairs shall notify the Department
33 of Revenue of the certification. The Department of Revenue
34 shall notify the public utilities of the exemption status of
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1 the gross receipts received from, and the electricity used or
2 consumed by, the certified business enterprises. Such
3 exemption status shall be effective within 3 months after
4 certification.
5 (f) A municipality that imposes taxes upon public
6 utilities or upon the privilege of using or consuming
7 electricity under this Section and whose territory includes
8 part of another unit of local government or a school district
9 may by ordinance exempt the other unit of local government or
10 school district from those taxes.
11 (g) The amendment of this Section by Public Act 84-127
12 shall take precedence over any other amendment of this
13 Section by any other amendatory Act passed by the 84th
14 General Assembly before the effective date of Public Act
15 84-127.
16 (h) In any case in which, before July 1, 1992, a person
17 engaged in the business of transmitting messages through the
18 use of mobile equipment, such as cellular phones and paging
19 systems, has determined the municipality within which the
20 gross receipts from the business originated by reference to
21 the location of its transmitting or switching equipment, then
22 (i) neither the municipality to which tax was paid on that
23 basis nor the taxpayer that paid tax on that basis shall be
24 required to rebate, refund, or issue credits for any such tax
25 or charge collected from customers to reimburse the taxpayer
26 for the tax and (ii) no municipality to which tax would have
27 been paid with respect to those gross receipts if the
28 provisions of this amendatory Act of 1991 had been in effect
29 before July 1, 1992, shall have any claim against the
30 taxpayer for any amount of the tax.
31 (Source: P.A. 89-325, eff. 1-1-96; 90-16, eff. 6-16-97;
32 90-561, eff. 8-1-98; 90-562, eff. 12-16-97; revised
33 12-29-97.)
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1 (65 ILCS 5/9-2-78) (from Ch. 24, par. 9-2-78)
2 Sec. 9-2-78. If an appeal is taken on any part of such
3 judgment, and if the board elects elect to proceed with the
4 improvement, notwithstanding such an appeal, as provided for
5 in Section 9-2-102, the clerk shall certify the appealed
6 portion, from time to time, in the manner above mentioned, as
7 the judgment is rendered thereon, and the warrant
8 accompanying this certificate in each case shall be authority
9 for the collection of so much of the assessment as is
10 included in the portion of the roll thereto attached.
11 The warrant in all cases of assessment, under this
12 Division 2, shall contain a copy of the certificate of the
13 judgment describing lots, blocks, tracts, and parcels of land
14 assessed so far as they are contained in the portion of the
15 roll so certified, and shall state the respective amounts
16 assessed on each lot, block, tract, or parcel of land, and
17 shall be delivered to the officer authorized to collect the
18 special assessment. The collector having a warrant for any
19 assessment levied to be paid by installments may receive any
20 or all of the installments of that assessment, but if he
21 receives only a part of the installments, then he shall
22 receive them in their numerical order.
23 (Source: Laws 1961, p. 576; revised 8-7-97.)
24 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
25 Sec. 10-2.1-6. Examination of applicants;
26 disqualifications.
27 (a) All applicants for a position in either the fire or
28 police department of the municipality shall be under 35 years
29 of age, shall be subject to an examination that shall be
30 public, competitive, and open to all applicants (unless the
31 council or board of trustees by ordinance limit applicants to
32 electors of the municipality, county, state or nation) and
33 shall be subject to reasonable limitations as to residence,
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1 health, habits, and moral character. The municipality may
2 not charge or collect any fee from an applicant who has met
3 all prequalification standards established by the
4 municipality for any such position.
5 (b) Residency requirements in effect at the time an
6 individual enters the fire or police service of a
7 municipality (other than a municipality that has more than
8 1,000,000 inhabitants) cannot be made more restrictive for
9 that individual during his period of service for that
10 municipality, or be made a condition of promotion, except for
11 the rank or position of Fire or Police Chief.
12 (c) No person with a record of misdemeanor convictions
13 except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
14 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
15 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
16 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
17 24-1 of the Criminal Code of 1961 or arrested for any cause
18 but not convicted on that cause shall be disqualified from
19 taking the examination to qualify for a position in the fire
20 department on grounds of habits or moral character.
21 (d) The age limitation in subsection (a) does not apply
22 (i) to any person previously employed as a policeman or
23 fireman in a regularly constituted police or fire department
24 of (I) any municipality or (II) a fire protection district
25 whose obligations were assumed by a municipality under
26 Section 21 of the Fire Protection District Act, (ii) to any
27 person who has served a municipality as a regularly enrolled
28 volunteer fireman for 5 years immediately preceding the time
29 that municipality begins to use full time firemen to provide
30 all or part of its fire protection service, or (iii) to any
31 person who has served as an auxiliary policeman under Section
32 3.1-30-20 for at least 5 years and is under 40 years of age.
33 (e) Applicants who are 20 years of age and who have
34 successfully completed 2 years of law enforcement studies at
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1 an accredited college or university may be considered for
2 appointment to active duty with the police department. An
3 applicant described in this subsection (e) who is appointed
4 to active duty shall not have power of arrest, nor shall the
5 applicant be permitted to carry firearms, until he or she
6 reaches 21 years of age.
7 (f) Applicants who are 18 years of age and who have
8 successfully completed 2 years of study in fire techniques,
9 amounting to a total of 4 high school credits, within the
10 cadet program of a municipality may be considered for
11 appointment to active duty with the fire department of any
12 municipality.
13 (g) The council or board of trustees may by ordinance
14 provide that persons residing outside the municipality are
15 eligible to take the examination.
16 (h) The examinations shall be practical in character and
17 relate to those matters that will fairly test the capacity of
18 the persons examined to discharge the duties of the positions
19 to which they seek appointment. No person shall be appointed
20 to the police or fire department if he or she does not
21 possess a high school diploma or an equivalent high school
22 education. A board of fire and police commissioners may, by
23 its rules, require police applicants to have obtained an
24 associate's degree or a bachelor's degree as a prerequisite
25 for employment. The examinations shall include tests of
26 physical qualifications and health. No person shall be
27 appointed to the police or fire department if he or she has
28 suffered the amputation of any limb unless the applicant's
29 duties will be only clerical or as a radio operator. No
30 applicant shall be examined concerning his or her political
31 or religious opinions or affiliations. The examinations
32 shall be conducted by the board of fire and police
33 commissioners of the municipality as provided in this
34 Division 2.1.
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1 (i) No person who is classified by his local selective
2 service draft board as a conscientious objector, or who has
3 ever been so classified, may be appointed to the police
4 department.
5 (j) No person shall be appointed to the police or fire
6 department unless he or she is a person of good character and
7 not an habitual drunkard, gambler, or a person who has been
8 convicted of a felony or a crime involving moral turpitude.
9 No person, however, shall be disqualified from appointment to
10 the fire department because of his or her record of
11 misdemeanor convictions except those under Sections 11-6,
12 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
13 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
14 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
15 subsections (1), (6) and (8) of Section 24-1 of the Criminal
16 Code of 1961 or arrest for any cause without conviction on
17 that cause. Any such person who is in the department may be
18 removed on charges brought and after a trial as provided in
19 this Division 2.1.
20 (Source: P.A. 89-52, eff. 6-30-95; 90-445, eff. 8-16-97;
21 90-481, eff. 8-17-97; revised 11-17-97.)
22 (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
23 Sec. 10-2.1-14. Register of eligibles. The board of fire
24 and police commissioners shall prepare and keep a register of
25 persons whose general average standing, upon examination, is
26 not less than the minimum fixed by the rules of the board,
27 and who are otherwise eligible. These persons shall take
28 rank upon the register as candidates in the order of their
29 relative excellence as determined by examination, without
30 reference to priority of time of examination. Applicants who
31 have been awarded a certificate attesting to their successful
32 completion of the Minimum Standards Basic Law Enforcement
33 Training Course, as provided in the Illinois Police Training
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1 Act, may be given preference in appointment over noncertified
2 applicants.
3 Within 60 days after each examination, an eligibility
4 list shall be posted by the board, which shall show the final
5 grades of the candidates without reference to priority of
6 time of examination and subject to claim for military credit.
7 Candidates who are eligible for military credit shall make a
8 claim in writing within 10 days after the posting of the
9 eligibility list or such claim shall be deemed waived.
10 Appointment shall be subject to a final physical examination.
11 If a person is placed on an eligibility list and becomes
12 overage before he or she is appointed to a police or fire
13 department, the person remains eligible for appointment until
14 the list is abolished pursuant to authorized procedures.
15 Otherwise no person who has attained the age of 36 years
16 shall be inducted as a member of a police department and no
17 person who has attained the age of 35 years shall be inducted
18 as a member of a fire department, except as otherwise
19 provided in this division.
20 (Source: P.A. 89-52, eff. 6-30-95; 90-455, eff. 8-16-97;
21 90-481, eff. 8-17-97; revised 11-17-97.)
22 (65 ILCS 5/11-6-2) (from Ch. 24, par. 11-6-2)
23 Sec. 11-6-2. The corporate authorities of each
24 municipality may contract with fire protection districts
25 organized under "An Act to create Fire Protection Districts,"
26 approved July 8, 1927, as now or hereafter amended, which are
27 adjacent to the municipality, for the furnishing of fire
28 protection service for property located within the districts
29 but outside the limits of the municipality, and may supply
30 fire protection service to the owners of property which lies
31 outside the limits of the municipality and may set up by
32 ordinance a scale of charges changes therefor. The corporate
33 authorities of any municipality shall provide fire protection
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1 service for public school buildings situated outside the
2 municipality in accordance with Section 16-10 of "The School
3 Code".
4 (Source: P.A. 76-1791; revised 12-18-97.)
5 (65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
6 Sec. 11-19.2-1. Definitions. As used in this Division,
7 unless the context requires otherwise:
8 (a) "Code" means any municipal ordinance that pertains
9 to or regulates: sanitation practices; forestry practices;
10 the attachment of bills or notices to public property; the
11 definition, identification and abatement of public nuisances;
12 and the accumulation, disposal and transportation of garbage,
13 refuse and other forms of solid waste in a municipality.
14 (b) "Sanitation inspector" means a municipal employee
15 authorized to issue citations for code violations and to
16 conduct inspections of public or private real property in a
17 municipality to determine if code violations exist.
18 (c) "Property owner" means the legal or beneficial owner
19 of an improved or unimproved parcel of real estate.
20 (d) "Hearing officer" means a person other than a
21 sanitation inspector or law enforcement officer having the
22 following powers and duties:
23 (1) to preside at an administrative hearing called
24 to determine whether or not a code violation exists;
25 (2) to hear testimony and accept evidence from the
26 sanitation inspector, the respondent and all interested
27 parties relevant to the existence of a code violation;
28 (3) to preserve and authenticate the record of the
29 hearing and all exhibits and evidence introduced at the
30 hearing;
31 (4) to issue and sign a written finding, decision
32 and order stating whether a code violation exists; and
33 (5) to impose penalties consistent with applicable
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1 code provisions and to assess costs reasonably related to
2 instituting the proceeding upon finding the respondent
3 liable for the charged violation, provided, however, that
4 in no event shall the hearing officer have the authority
5 to impose a penalty of incarceration.
6 (e) "Respondent" means a property owner, waste hauler or
7 other person charged with liability for an alleged code
8 violation and the person to whom the notice of violation is
9 directed.
10 (f) "Solid waste" means demolition materials, food and
11 industrial processing wastes, garden trash, land cleaning
12 wastes, mixed refuse, non-combustible refuse, rubbish, and
13 trash as those terms are defined in Section 1653 of the Solid
14 Waste Disposal District Act.
15 (g) "Waste hauler" means any person owning or
16 controlling any vehicle used to carry or transport garbage,
17 refuse or other forms of solid waste.
18 (Source: P.A. 86-1364; revised 8-7-97.)
19 (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
20 Sec. 11-74-2. Whenever used in this Division 74, unless a
21 different meaning clearly appears from the context:
22 (1) "Industrial project" means any (a) capital project,
23 including one or more buildings and other structures,
24 improvements, machinery and equipment whether or not on the
25 same site or sites now existing or hereafter acquired,
26 suitable for use by any manufacturing, industrial, research,
27 transportation or commercial enterprise, including but not
28 limited to, use as a factory, mill, processing plant,
29 assembly plant, packaging plant, fabricating plant, office
30 building, industrial distribution center, warehouse, repair,
31 overhaul or service facility, freight terminal, research
32 facility, test facility, railroad facility, or commercial
33 facility, and including also the sites thereof and other
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1 rights in land therefor whether improved or unimproved, site
2 preparation and landscaping, and all appurtenances and
3 facilities incidental thereto such as utilities, access
4 roads, railroad sidings, truck docking and similar
5 facilities, parking facilities, dockage, wharfage, and other
6 improvements necessary or convenient thereto; or (b) any
7 land, buildings, machinery or equipment comprising an
8 addition to, or renovation, rehabilitation or improvement of
9 any existing capital project; (c) construction, remodeling or
10 conversion of a structure to be leased to the Illinois
11 Department of Corrections for the purposes of its serving as
12 a correctional institution or facility pursuant to paragraph
13 (c) of Section 3-2-2 of the Unified Code of Corrections; or
14 (d) construction, remodeling or conversion of a structure to
15 be leased to the Department of Central Management Services
16 for the purpose of serving as a State facility pursuant to
17 Section 67.25 of the Civil Administrative Code of Illinois.
18 (2) "Municipality" includes any city, village or
19 incorporated town in this State.
20 (Source: P.A. 84-946; revised 7-21-97.)
21 (65 ILCS 5/11-74.6-10)
22 Sec. 11-74.6-10. Definitions.
23 (a) "Environmentally contaminated area" means any
24 improved or vacant area within the boundaries of a
25 redevelopment project area located within the corporate
26 limits of a municipality when, (i) there has been a
27 determination of release or substantial threat of release of
28 a hazardous substance or pesticide, by the United States
29 Environmental Protection Agency or the Illinois Environmental
30 Protection Agency, or the Illinois Pollution Control Board,
31 or any court, or a release or substantial threat of release
32 which is addressed as part of the Pre-Notice Site Cleanup
33 Program under Section 22.2(m) of the Illinois Environmental
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1 Protection Act, or a release or substantial threat of release
2 of petroleum under Section 22.12 of the Illinois
3 Environmental Protection Act, and (ii) which release or
4 threat of release presents an imminent and substantial danger
5 to public health or welfare or presents a significant threat
6 to public health or the environment, and (iii) which release
7 or threat of release would have a significant impact on the
8 cost of redeveloping the area.
9 (b) "Department" means the Department of Commerce and
10 Community Affairs.
11 (c) "Industrial park" means an area in a redevelopment
12 project area suitable for use by any manufacturing,
13 industrial, research, or transportation enterprise, of
14 facilities, including but not limited to factories, mills,
15 processing plants, assembly plants, packing plants,
16 fabricating plants, distribution centers, warehouses, repair
17 overhaul or service facilities, freight terminals, research
18 facilities, test facilities or railroad facilities. An
19 industrial park may contain space for commercial and other
20 use as long as the expected principal use of the park is
21 industrial and is reasonably expected to result in the
22 creation of a significant number of new permanent full time
23 jobs. An industrial park may also contain related operations
24 and facilities including, but not limited to, business and
25 office support services such as centralized computers,
26 telecommunications, publishing, accounting, photocopying and
27 similar activities and employee services such as child care,
28 health care, food service and similar activities. An
29 industrial park may also include demonstration projects,
30 prototype development, specialized training on developing
31 technology, and pure research in any field related or
32 adaptable to business and industry.
33 (d) "Research park" means an area in a redevelopment
34 project area suitable for development of a facility or
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1 complex that includes research laboratories and related
2 operations. These related operations may include, but are
3 not limited to, business and office support services such as
4 centralized computers, telecommunications, publishing,
5 accounting, photocopying and similar activities, and employee
6 services such as child care, health care, food service and
7 similar activities. A research park may include demonstration
8 projects, prototype development, specialized training on
9 developing technology, and pure research in any field related
10 or adaptable to business and industry.
11 (e) "Industrial park conservation area" means an area
12 within the boundaries of a redevelopment project area located
13 within the corporate limits of a municipality or within 1 1/2
14 miles of the corporate limits of a municipality if the area
15 is to be annexed to the municipality, if the area is zoned as
16 industrial no later than the date on which the municipality
17 by ordinance designates the redevelopment project area, and
18 if the area includes improved or vacant land suitable for use
19 as an industrial park or a research park, or both. To be
20 designated as an industrial park conservation area, the area
21 shall also satisfy one of the following standards:
22 (1) Standard One: The municipality must be a labor
23 surplus municipality and the area must be served by
24 adequate public and or road transportation for access by
25 the unemployed and for the movement of goods or materials
26 and the redevelopment project area shall contain no more
27 than 2% of the most recently ascertained equalized
28 assessed value of all taxable real properties within the
29 corporate limits of the municipality after adjustment for
30 all annexations associated with the establishment of the
31 redevelopment project area or be located in the vicinity
32 of a waste disposal site or other waste facility. The
33 project plan shall include a plan for and shall establish
34 a marketing program to attract appropriate businesses to
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1 the proposed industrial park conservation area and shall
2 include an adequate plan for financing and construction
3 of the necessary infrastructure. No redevelopment
4 projects may be authorized by the municipality under
5 Standard One of subsection (e) of this Section unless the
6 project plan also provides for an employment training
7 project that would prepare unemployed workers for work in
8 the industrial park conservation area, and the project
9 has been approved by official action of or is to be
10 operated by the local community college district, public
11 school district or state or locally designated private
12 industry council or successor agency, or
13 (2) Standard Two: The municipality must be a
14 substantial labor surplus municipality and the area must
15 be served by adequate public and or road transportation
16 for access by the unemployed and for the movement of
17 goods or materials and the redevelopment project area
18 shall contain no more than 2% of the most recently
19 ascertained equalized assessed value of all taxable real
20 properties within the corporate limits of the
21 municipality after adjustment for all annexations
22 associated with the establishment of the redevelopment
23 project area. No redevelopment projects may be authorized
24 by the municipality under Standard Two of subsection (e)
25 of this Section unless the project plan also provides for
26 an employment training project that would prepare
27 unemployed workers for work in the industrial park
28 conservation area, and the project has been approved by
29 official action of or is to be operated by the local
30 community college district, public school district or
31 state or locally designated private industry council or
32 successor agency.
33 (f) "Vacant industrial buildings conservation area"
34 means an area containing one or more industrial buildings
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1 located within the corporate limits of the municipality that
2 has been zoned industrial for at least 5 years before the
3 designation of that area as a redevelopment project area by
4 the municipality and is planned for reuse principally for
5 industrial purposes. For the area to be designated as a
6 vacant industrial buildings conservation area, the area shall
7 also satisfy one of the following standards:
8 (1) Standard One: The area shall consist of one or
9 more industrial buildings totaling at least 50,000 net
10 square feet of industrial space, with a majority of the
11 total area of all the buildings having been vacant for at
12 least 18 months; and (A) the area is located in a labor
13 surplus municipality or a substantial labor surplus
14 municipality, or (B) the equalized assessed value of the
15 properties within the area during the last 2 years is at
16 least 25% lower than the maximum equalized assessed value
17 of those properties during the immediately preceding 10
18 years.
19 (2) Standard Two: The area exclusively consists of
20 industrial buildings or a building complex operated by a
21 user or related users (A) that has within the immediately
22 preceding 5 years either (i) employed 200 or more
23 employees at that location, or (ii) if the area is
24 located in a municipality with a population of 12,000 or
25 less, employed more than 50 employees at that location
26 and (B) either is currently vacant, or the owner has:
27 (i) directly notified the municipality of the user's
28 intention to terminate operations at the facility or (ii)
29 filed a notice of closure under the Worker Adjustment and
30 Retraining Notification Act.
31 (g) "Labor surplus municipality" means a municipality in
32 which, during the 4 calendar calender years immediately
33 preceding the date the municipality by ordinance designates
34 an industrial park conservation area, the average
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1 unemployment rate was 1% or more over the national average
2 unemployment rate for that same period of time as published
3 in the United States Department of Labor Bureau of Labor
4 Statistics publication entitled "The Employment Situation" or
5 its successor publication. For the purpose of this
6 subsection (g), if unemployment rate statistics for the
7 municipality are not available, the unemployment rate in the
8 municipality shall be deemed to be: (i) for a municipality
9 that is not in an urban county, the same as the unemployment
10 rate in the principal county where the municipality is
11 located or (ii) for a municipality in an urban county at
12 that municipality's option, either the unemployment rate
13 certified for the municipality by the Department after
14 consultation with the Illinois Department of Labor or the
15 federal Bureau of Labor Statistics, or the unemployment rate
16 of the municipality as determined by the most recent federal
17 census if that census was not dated more than 5 years prior
18 to the date on which the determination is made.
19 (h) "Substantial labor surplus municipality" means a
20 municipality in which, during the 5 calendar years
21 immediately preceding the date the municipality by ordinance
22 designates an industrial park conservation area, the average
23 unemployment rate was 2% or more over the national average
24 unemployment rate for that same period of time as published
25 in the United States Department of Labor Statistics
26 publication entitled "The Employment Situation" or its
27 successor publication. For the purpose of this subsection
28 (h), if unemployment rate statistics for the municipality are
29 not available, the unemployment rate in the municipality
30 shall be deemed to be: (i) for a municipality that is not in
31 an urban county, the same as the unemployment rate in the
32 principal county in which the municipality is located; or
33 (ii) for a municipality in an urban county, at that
34 municipality's option, either the unemployment rate certified
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1 for the municipality by the Department after consultation
2 with the Illinois Department of Labor or the federal Bureau
3 of Labor Statistics, or the unemployment rate of the
4 municipality as determined by the most recent federal census
5 if that census was not dated more than 5 years prior to the
6 date on which the determination is made.
7 (i) "Municipality" means a city, village or incorporated
8 town.
9 (j) "Obligations" means bonds, loans, debentures, notes,
10 special certificates or other evidence of indebtedness issued
11 by the municipality to carry out a redevelopment project or
12 to refund outstanding obligations.
13 (k) "Payment in lieu of taxes" means those estimated tax
14 revenues from real property in a redevelopment project area
15 acquired by a municipality, which according to the
16 redevelopment project or plan are to be used for a private
17 use, that taxing districts would have received had a
18 municipality not adopted tax increment allocation financing
19 and that would result from levies made after the time of the
20 adoption of tax increment allocation financing until the time
21 the current equalized assessed value of real property in the
22 redevelopment project area exceeds the total initial
23 equalized assessed value of real property in that area.
24 (l) "Redevelopment plan" means the comprehensive program
25 of the municipality for development or redevelopment intended
26 by the payment of redevelopment project costs to reduce or
27 eliminate the conditions that qualified the redevelopment
28 project area as an environmentally contaminated area or
29 industrial park conservation area, or vacant industrial
30 buildings conservation area, or combination thereof, and
31 thereby to enhance the tax bases of the taxing districts that
32 extend into the redevelopment project area. Each
33 redevelopment plan must set forth in writing the bases for
34 the municipal findings required in this subsection, the
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1 program to be undertaken to accomplish the objectives,
2 including but not limited to: (1) estimated redevelopment
3 project costs, (2) evidence indicating that the redevelopment
4 project area on the whole has not been subject to growth and
5 development through investment by private enterprise, (3)
6 (i) in the case of an environmentally contaminated area,
7 industrial park conservation area, or a vacant industrial
8 buildings conservation area classified under either Standard
9 One, or Standard Two of subsection (f) where the building is
10 currently vacant, evidence that implementation of the
11 redevelopment plan is reasonably expected to create a
12 significant number of permanent full time jobs, (ii) in the
13 case of a vacant industrial buildings conservation area
14 classified under Standard Two (B)(i) or (ii) of subsection
15 (f), evidence that implementation of the redevelopment plan
16 is reasonably expected to retain a significant number of
17 existing permanent full time jobs, and (iii) in the case of a
18 combination of an environmentally contaminated area,
19 industrial park conservation area, or vacant industrial
20 buildings conservation area, evidence that the standards
21 concerning the creation or retention of jobs for each area
22 set forth in (i) or (ii) above are met, (4) an assessment of
23 any financial impact of the redevelopment project area on or
24 any increased demand for services from any taxing district
25 affected by the plan and any program to address such
26 financial impact or increased demand, (5) the sources of
27 funds to pay costs, (6) the nature and term of the
28 obligations to be issued, (7) the most recent equalized
29 assessed valuation of the redevelopment project area, (8) an
30 estimate of the equalized assessed valuation after
31 redevelopment and the general land uses that are applied in
32 the redevelopment project area, (9) a commitment to fair
33 employment practices and an affirmative action plan, (10) if
34 it includes an industrial park conservation area, the
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1 following: (i) a general description of any proposed
2 developer, (ii) user and tenant of any property, (iii) a
3 description of the type, structure and general character of
4 the facilities to be developed, and (iv) a description of the
5 type, class and number of new employees to be employed in the
6 operation of the facilities to be developed, (11) if it
7 includes an environmentally contaminated area, the following:
8 either (i) a determination of release or substantial threat
9 of release of a hazardous substance or pesticide or of
10 petroleum by the United States Environmental Protection
11 Agency or the Illinois Environmental Protection Agency, or
12 the Illinois Pollution Control Board or any court; or (ii)
13 both an environmental audit report by a nationally recognized
14 independent environmental auditor having a reputation for
15 expertise in these matters and a copy of the signed Review
16 and Evaluation Services Agreement indicating acceptance of
17 the site by the Illinois Environmental Protection Agency into
18 the Pre-Notice Site Cleanup Program, (12) if it includes a
19 vacant industrial buildings conservation area, the following:
20 (i) a general description of any proposed developer, (ii)
21 user and tenant of any building or buildings, (iii) a
22 description of the type, structure and general character of
23 the building or buildings to be developed, and (iv) a
24 description of the type, class and number of new employees to
25 be employed or existing employees to be retained in the
26 operation of the building or buildings to be redeveloped, and
27 (13) if property is to be annexed to the municipality, the
28 terms of the annexation agreement.
29 No redevelopment plan shall be adopted by a municipality
30 without findings that:
31 (1) the redevelopment project area on the whole has
32 not been subject to growth and development through
33 investment by private enterprise and would not reasonably
34 be anticipated to be developed in accordance with public
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1 goals stated in the redevelopment plan without the
2 adoption of the redevelopment plan;
3 (2) the redevelopment plan and project conform to
4 the comprehensive plan for the development of the
5 municipality as a whole, or, for municipalities with a
6 population of 100,000 or more, regardless of when the
7 redevelopment plan and project was adopted, the
8 redevelopment plan and project either: (i) conforms to
9 the strategic economic development or redevelopment plan
10 issued by the designated planning authority of the
11 municipality or (ii) includes land uses that have been
12 approved by the planning commission of the municipality;
13 (3) that the redevelopment plan is reasonably
14 expected to create or retain a significant number of
15 permanent full time jobs as set forth in paragraph (3) of
16 subsection (l) above;
17 (4) the estimated date of completion of the
18 redevelopment project and retirement of obligations
19 incurred to finance redevelopment project costs is not
20 more than 23 years from the adoption of the ordinance
21 approving the project;
22 (5) in the case of an industrial park conservation
23 area, that the municipality is a labor surplus
24 municipality or a substantial labor surplus municipality
25 and that the implementation of the redevelopment plan is
26 reasonably expected to create a significant number of
27 permanent full time new jobs and, by the provision of new
28 facilities, significantly enhance the tax base of the
29 taxing districts that extend into the redevelopment
30 project area;
31 (6) in the case of an environmentally contaminated
32 area, that the area is subject to a release or
33 substantial threat of release of a hazardous substance,
34 pesticide or petroleum which presents an imminent and
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1 substantial danger to public health or welfare or
2 presents a significant threat to public health or
3 environment, that such release or threat of release will
4 have a significant impact on the cost of redeveloping the
5 area, that the implementation of the redevelopment plan
6 is reasonably expected to result in the area being
7 redeveloped, the tax base of the affected taxing
8 districts being significantly enhanced thereby, and the
9 creation of a significant number of permanent full time
10 jobs; and
11 (7) in the use of a vacant industrial buildings
12 conservation area, that the area is located within the
13 corporate limits of a municipality that has been zoned
14 industrial for at least 5 years before its designation as
15 a project redeveloped area, that it contains one or more
16 industrial buildings, and whether the area has been
17 designated under Standard One or Standard Two of
18 subsection (f) and the basis for that designation.
19 (m) "Redevelopment project" means any public or private
20 development project in furtherance of the objectives of a
21 redevelopment plan.
22 (n) "Redevelopment project area" means a contiguous area
23 designated by the municipality that is not less in the
24 aggregate than 1 1/2 acres, and for which the municipality
25 has made a finding that there exist conditions that cause the
26 area to be classified as an industrial park conservation
27 area, a vacant industrial building conservation area, an
28 environmentally contaminated area or a combination of these
29 types of areas.
30 (o) "Redevelopment project costs" means the sum total of
31 all reasonable or necessary costs incurred or estimated to be
32 incurred by the municipality, and any of those costs
33 incidental to a redevelopment plan and a redevelopment
34 project. These costs include, without limitation, the
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1 following:
2 (1) Costs of studies, surveys, development of
3 plans, and specifications, implementation and
4 administration of the redevelopment plan, staff and
5 professional service costs for architectural,
6 engineering, legal, marketing, financial, planning, or
7 other services, but no charges for professional services
8 may be based on a percentage of the tax increment
9 collected.
10 (2) Property assembly costs within a redevelopment
11 project area, including but not limited to acquisition of
12 land and other real or personal property or rights or
13 interests therein.
14 (3) Site preparation costs, including but not
15 limited to clearance of any area within a redevelopment
16 project area by demolition or removal of any existing
17 buildings, structures, fixtures, utilities and
18 improvements and clearing and grading; and including
19 installation, repair, construction, reconstruction, or
20 relocation of public streets, public utilities, and other
21 public site improvements within or without a
22 redevelopment project area which are essential to the
23 preparation of the redevelopment project area for use in
24 accordance with a redevelopment plan.
25 (4) Costs of renovation, rehabilitation,
26 reconstruction, relocation, repair or remodeling of any
27 existing public or private buildings, improvements, and
28 fixtures within a redevelopment project area.
29 (5) Costs of construction within a redevelopment
30 project area of public improvements, including but not
31 limited to, buildings, structures, works, utilities or
32 fixtures.
33 (6) Costs of eliminating or removing contaminants
34 and other impediments required by federal or State
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1 environmental laws, rules, regulations, and guidelines,
2 orders or other requirements or those imposed by private
3 lending institutions as a condition for approval of their
4 financial support, debt or equity, for the redevelopment
5 projects, provided, however, that in the event (i) other
6 federal or State funds have been certified by an
7 administrative agency as adequate to pay these costs
8 during the 18 months after the adoption of the
9 redevelopment plan, or (ii) the municipality has been
10 reimbursed for such costs by persons legally responsible
11 for them, such federal, State, or private funds shall,
12 insofar as possible, be fully expended prior to the use
13 of any revenues deposited in the special tax allocation
14 fund of the municipality and any other such federal,
15 State or private funds received shall be deposited in the
16 fund. The municipality shall seek reimbursement of these
17 costs from persons legally responsible for these costs
18 and the costs of obtaining this reimbursement.
19 (7) Costs of job training and retraining projects.
20 (8) Financing costs, including but not limited to
21 all necessary and incidental expenses related to the
22 issuance of obligations and which may include payment of
23 interest on any obligations issued under this Act
24 accruing during the estimated period of construction of
25 any redevelopment project for which the obligations are
26 issued and for not exceeding 36 months thereafter and
27 including reasonable reserves related to those costs.
28 (9) All or a portion of a taxing district's capital
29 costs resulting from the redevelopment project
30 necessarily incurred or to be incurred in furtherance of
31 the objectives of the redevelopment plan and project, to
32 the extent the municipality by written agreement accepts
33 and approves those costs.
34 (10) Relocation costs to the extent that a
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1 municipality determines that relocation costs shall be
2 paid or is required to make payment of relocation costs
3 by federal or State law.
4 (11) Payments in lieu of taxes.
5 (12) Costs of job training, advanced vocational
6 education or career education, including but not limited
7 to courses in occupational, semi-technical or technical
8 fields leading directly to employment, incurred by one or
9 more taxing districts, if those costs are: (i) related to
10 the establishment and maintenance of additional job
11 training, advanced vocational education or career
12 education programs for persons employed or to be employed
13 by employers located in a redevelopment project area; and
14 (ii) are incurred by a taxing district or taxing
15 districts other than the municipality and are set forth
16 in a written agreement by or among the municipality and
17 the taxing district or taxing districts, which agreement
18 describes the program to be undertaken, including but not
19 limited to the number of employees to be trained, a
20 description of the training and services to be provided,
21 the number and type of positions available or to be
22 available, itemized costs of the program and sources of
23 funds to pay for the same, and the term of the agreement.
24 These costs include, specifically, the payment by
25 community college districts of costs under Sections 3-37,
26 3-38, 3-40 and 3-40.1 of the Public Community College Act
27 and by school districts of costs under Sections 10-22.20a
28 and 10-23.3a of the School Code.
29 (13) The interest costs incurred by redevelopers or
30 other nongovernmental persons in connection with a
31 redevelopment project, and specifically including
32 payments to redevelopers or other nongovernmental persons
33 as reimbursement for such costs incurred by such
34 redeveloper or other nongovernmental person, provided
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1 that:
2 (A) interest costs shall be paid or reimbursed
3 by a municipality only pursuant to the prior
4 official action of the municipality evidencing an
5 intent to pay or reimburse such interest costs;
6 (B) such payments in any one year may not
7 exceed 30% of the annual interest costs incurred by
8 the redeveloper with regard to the redevelopment
9 project during that year;
10 (C) except as provided in subparagraph (E),
11 the aggregate amount of such costs paid or
12 reimbursed by a municipality shall not exceed 30% of
13 the total (i) costs paid or incurred by the
14 redeveloper or other nongovernmental person in that
15 year plus (ii) redevelopment project costs excluding
16 any property assembly costs and any relocation costs
17 incurred by a municipality pursuant to this Act;
18 (D) interest costs shall be paid or reimbursed
19 by a municipality solely from the special tax
20 allocation fund established pursuant to this Act and
21 shall not be paid or reimbursed from the proceeds of
22 any obligations issued by a municipality;
23 (E) if there are not sufficient funds
24 available in the special tax allocation fund in any
25 year to make such payment or reimbursement in full,
26 any amount of such interest cost remaining to be
27 paid or reimbursed by a municipality shall accrue
28 and be payable when funds are available in the
29 special tax allocation fund to make such payment.
30 (14) The costs of construction of new privately
31 owned buildings shall not be an eligible redevelopment
32 project cost.
33 If a special service area has been established under the
34 Special Service Area Tax Act, then any tax increment revenues
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1 derived from the tax imposed thereunder to the Special
2 Service Area Tax Act may be used within the redevelopment
3 project area for the purposes permitted by that Act as well
4 as the purposes permitted by this Act.
5 (p) "Redevelopment Planning Area" means an area so
6 designated by a municipality after the municipality has
7 complied with all the findings and procedures required to
8 establish a redevelopment project area, including the
9 existence of conditions that qualify the area as an
10 industrial park conservation area, or an environmentally
11 contaminated area, or a vacant industrial buildings
12 conservation area, or a combination of these types of areas,
13 and adopted a redevelopment plan and project for the planning
14 area and its included redevelopment project areas. The area
15 shall not be designated as a redevelopment planning area for
16 more than 5 years. At any time in the 5 years following that
17 designation of the area, the municipality may designate the
18 area, or any portion of the area, as a redevelopment project
19 area without making additional findings or complying with
20 additional procedures required for the creation of a
21 redevelopment project area.
22 (q) "Taxing districts" means counties, townships,
23 municipalities, and school, road, park, sanitary, mosquito
24 abatement, forest preserve, public health, fire protection,
25 river conservancy, tuberculosis sanitarium and any other
26 municipal corporations or districts with the power to levy
27 taxes.
28 (r) "Taxing districts' capital costs" means those costs
29 of taxing districts for capital improvements that are found
30 by the municipal corporate authorities to be necessary and a
31 direct result of the redevelopment project.
32 (s) "Urban county" means a county with 240,000 or more
33 inhabitants.
34 (t) "Vacant area", as used in subsection (a) of this
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1 Section, means any parcel or combination of parcels of real
2 property without industrial, commercial and residential
3 buildings that has not been used for commercial agricultural
4 purposes within 5 years before the designation of the
5 redevelopment project area, unless that parcel is included in
6 an industrial park conservation area.
7 (Source: P.A. 88-537; revised 7-21-97.)
8 (65 ILCS 5/11-119.1-12) (from Ch. 24, par. 11-119.1-12)
9 Sec. 11-119.1-12. A. This Division shall be construed
10 liberally to effectuate its legislative intent and purpose,
11 as complete and independent authority for the performance of
12 each and every act and thing authorized by this Division, and
13 all authority granted shall be broadly interpreted to
14 effectuate this intent and purpose and not as a limitation of
15 powers. This Division is expressly not a limit on any of the
16 powers granted any unit of local government of this State by
17 constitution, statute, charter or otherwise, other than when
18 the unit of local government is acting expressly pursuant to
19 this Division Divison.
20 B. In the event of any conflict or inconsistency between
21 this Division and any other law or charter provision, the
22 provisions of this Division shall prevail.
23 C. Any provision of this Division which may be
24 determined by competent authority to be prohibited or
25 unenforceable in any jurisdiction shall, as to such
26 jurisdiction, be ineffective to the extent of such
27 prohibition or unenforceability without invalidating the
28 remaining provisions hereof, and any such prohibition or
29 unenforceability in any jurisdiction shall not invalidate or
30 render unenforceable such provision in any other
31 jurisdiction.
32 (Source: P.A. 83-997; revised 7-21-97.)
HB1268 Enrolled -419- LRB9000999EGfg
1 Section 57. The Economic Development Project Area Tax
2 Increment Allocation Act of 1995 is amended by changing
3 Section 5 as follows:
4 (65 ILCS 110/5)
5 Sec. 5. Legislative Declaration.
6 (a) The General Assembly finds, determines, and declares
7 the following:
8 (1) Actions taken by the Secretary of Defense to
9 close military installations under Title II of the
10 Defense Authorization Amendments and Base Closure and
11 Realignment Act (Public Law 100-526; 10 U.S.C. 2687
12 note), the Defense Base Closure and Realignment Act of
13 1990 (part A of title XXIX of Public Law 101-510; 10
14 U.S.C. 2687 note) or Section 2687 of Title 10 of the
15 United States Code (10 U.S.C. 2687), as supplemented and
16 amended, have an adverse socioeconomic impact upon the
17 State residents due to the loss of civilian job
18 opportunities, the transfer of permanently stationed
19 military personnel, the decline in population, the
20 vacancy of existing buildings, structures, residential
21 housing units and other facilities, the burden of
22 assuming and maintaining existing utility systems, and
23 the erosion of the State's economic base.
24 (2) The redevelopment and reuse by the public and
25 private sectors of any military installation closed by
26 the Secretary of Defense and converted to civilian use is
27 impaired due to little or no platting of any of the land,
28 deleterious land use and layout, lack of community
29 planning, depreciation of physical maintenance, presence
30 of structures below minimum code standards, excessive
31 vacancies, lack of adequate utility services and need to
32 improve transportation facilities.
33 (3) The closing of military installations within
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1 the State is a serious menace to the health, safety,
2 morals, and general welfare of the people of the entire
3 State.
4 (4) Protection against the economic burdens
5 associated with the closing of military installations,
6 the consequent spread of economic stagnation, the
7 impairments to redevelopment and reuse, and the resulting
8 harm to the tax base of the State can best be provided by
9 promoting, attracting and stimulating commerce, industry,
10 manufacturing and other public and private sector
11 investment within the State.
12 (5) The continual encouragement, redevelopment,
13 reuse, growth, and expansion of commercial businesses,
14 industrial and manufacturing facilities and other public
15 and private investment on closed military installations
16 within the State requires a cooperative and continuous
17 partnership between government and the private sector.
18 (6) The State has a responsibility to create a
19 favorable climate for new and improved job opportunities
20 for its citizens and to increase the tax base of the
21 State and its political subdivisions by encouraging the
22 redevelopment and reuse by the public and private sectors
23 of new commercial businesses, industrial and
24 manufacturing facilities, and other civilian uses with
25 respect to the vacant buildings, structures, residential
26 housing units, and other facilities on closed military
27 miliary installations within the State.
28 (7) The lack of redevelopment and reuse of closed
29 military installations within the State has persisted,
30 despite efforts of State and local authorities and
31 private organizations to attract new commercial
32 businesses, industrial and manufacturing facilities and
33 other public and private sector investment for civilian
34 use to closed military installations within the State.
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1 (8) The economic burdens associated with the
2 closing of military installations within the State may
3 continue and worsen if the State and its political
4 subdivisions are not able to provide additional
5 incentives to commercial businesses, industrial and
6 manufacturing facilities, and other public and private
7 investment for civilian use, to locate on closed military
8 installations within the State.
9 (9) The provision of additional incentives by the
10 State and its political subdivisions is intended to
11 relieve conditions of unemployment, create new job
12 opportunities, increase industry and commerce, increase
13 the tax base of the State and its political subdivisions,
14 and alleviate vacancies and conditions leading to
15 deterioration and blight on closed military installations
16 within the State, thereby creating job opportunities and
17 eradicating deteriorating and blighting conditions for
18 the residents of the State and reducing the evils
19 attendant upon unemployment and blight.
20 (b) It is hereby declared to be the policy of the State,
21 in the interest of promoting the health, safety, morals, and
22 general welfare of all the people of the State, to provide
23 incentives that will create new job opportunities and
24 eradicate potentially blighted conditions on closed military
25 installations within the State, and it is further declared
26 that the relief of conditions of unemployment, the creation
27 of new job opportunities, the increase of industry and
28 commerce within the State, the alleviation of vacancies and
29 conditions leading to deterioration and blight, the reduction
30 of the evils of unemployment, and the increase of the tax
31 base of the State and its political subdivisions are public
32 purposes and for the public safety, benefit, and welfare of
33 the residents of this State.
34 (Source: P.A. 89-176, eff. 1-1-96; revised 6-27-97.)
HB1268 Enrolled -422- LRB9000999EGfg
1 Section 58. The Interstate Airport Authorities Act is
2 amended by changing Section 4 as follows:
3 (70 ILCS 10/4) (from Ch. 15 1/2, par. 254)
4 Sec. 4. The airport authority shall have the power to:
5 (1) Operate and conduct an airport;
6 (2) Operate farming operations on real estate
7 appurtenant to the airport;
8 (3) Exercise the power of eminent domain in accordance
9 with the laws of the state in which the airport is located;
10 (4) Maintain, operate and extend water and sewer systems
11 on the real estate of the land appurtenant to the airport,
12 and make and collect charges for services;
13 (5) Construct and lease industrial and aviation
14 buildings on the land appurtenant to the airport;
15 (6) Lease land, now owned by any combining governmental
16 unit, suitable for an airport facility, for a term of not
17 less than 99 ninety-nine years;
18 (7) Secure expert guidance on the development of an area
19 air facility to the end that the interests of the area are
20 best served; and to implement that development within the
21 laws of the party states;
22 (8) Establish and fix by ordinance a restricted zone for
23 such distances in any direction from the boundaries of such
24 airport facility as in the opinion of the airport authority
25 is necessary and practicable, regulating the height of
26 structures to provide free air space for access by aircraft
27 and for the safe use of the airport, all in a manner not in
28 conflict with the existing laws of the party state in which
29 the airport is located;:
30 (9) Accept, receive and receipt for federal moneys and
31 other moneys, public or private, for the acquisition,
32 construction, enlargement, improvement, maintenance,
33 equipment or operation of airports and other air navigation
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1 facilities and sites therefor;
2 (10) Buy and sell machinery for aviation purposes; and
3 to negotiate and contract for personal services, materials
4 and supplies: Provided, That whenever personal property is to
5 be purchased or sold, there shall be due notice and
6 competitive bidding as directed and required by the laws of
7 the state in which the airport is located; and
8 (11) Perform all functions and do all acts that are
9 necessary to the total development of a commercial and
10 industrial air facility, not inconsistent with the laws of
11 the party states.
12 (Source: Laws 1963, P. 2121; revised 8-8-97.)
13 Section 59. The Civic Center Code is amended by changing
14 Sections 105-5, 170-30, 255-45, and 255-90 as follows:
15 (70 ILCS 200/105-5)
16 Sec. 105-5. Definitions. When used in this Article:
17 "Authority" means the Illinois-Michigan Canal National
18 Heritage Corridor Civic Center Authority.
19 "Board" means the governing and administrative body of
20 the Illinois-Michigan Canal National Heritage Corridor Civic
21 Center Authority.
22 "Metropolitan area" means all that territory in the State
23 of Illinois lying within the municipalities of Lyons, McCook,
24 Hodgkins Hodgins, Countryside, Indianhead Park, Willow
25 Springs, Justice, Bridgeview, Bedford Park, Summit and
26 Lemont, and all the incorporated area lying within the
27 Village of Burr Ridge, all the unincorporated area lying
28 within Cook and DuPage County, which is bounded on the North
29 by the north line of the Des Plaines River, on the west by a
30 line 10,000 feet west of the center line of Illinois Rt. 83,
31 on the south by the north line of the Sanitary & Ship Canal,
32 and all the unincorporated area lying within Cook and DuPage
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1 County which is bounded on the northwest by the north line of
2 the Sanitary Drainage & Ship Canal, on the South by the
3 Calumet Sag Channel, and on the East by the center line of
4 Illinois Rt. 83, and all the area not lying within a city,
5 village or incorporated town lying within Lemont Township
6 which is located north of a line commencing at the
7 intersection of the east line of Lemont Township and McCarthy
8 Road (123rd Street), thence westerly until the intersection
9 of McCarthy Road and Archer Avenue, thence southwesterly
10 until the intersection of Archer Avenue and 127th Street,
11 thence westerly to the west line of Lemont Township, and all
12 the unincorporated municipal area lying within Community
13 College District No. 524, located in Lyons and Palos
14 Townships, lying north of a line commencing at a point which
15 is the intersection lines of Harlem Avenue and Archer Road,
16 thence southwesterly along the center line of Archer Road to
17 the center line of 96th Avenue (LaGrange Road), thence
18 southerly along said center line of 96th Avenue to the center
19 line of McCarthy Road (123rd Street), thence westerly along
20 the center line of McCarthy Road to the west line of Palos
21 Township.
22 (Source: P.A. 90-328, eff. 1-1-98; revised 12-16-97.)
23 (70 ILCS 200/170-30)
24 Sec. 170-30. Tax. If a majority of the voters of the
25 said metropolitan area approve the issuance of bonds as
26 provided in Section 170-25, the Authority shall have power to
27 levy and collect annually a sum sufficient to pay for the
28 annual principal and interest charges by a sum equal to such
29 grants or matching grants as the Authority shall receive, in
30 any year, for this purpose.
31 Such taxes proposed by the Authority to be levied upon
32 the taxable property within the metropolitan area shall be
33 levied by ordinance. After the ordinance has been adopted it
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1 shall, within 10 days after its passage, be published once in
2 a newspaper published and having a general circulation within
3 the metropolitan area. A certified copy of such levy
4 ordinance shall be filed with the county clerk no later than
5 the 3rd Tuesday in September in each year. Thereupon the
6 county clerk shall extend such tax; provided the aggregate
7 amount of taxes levied for any one year shall not exceed the
8 rate of .0005% of the full fair cash value, as equalized or
9 assessed by the Department of Revenue.
10 (Source: P.A. 90-328, eff. 1-1-98; revised 11-14-97.)
11 (70 ILCS 200/255-45)
12 Sec. 255-45. Borrowing; general obligation and revenue
13 bonds; backdoor referendum. The Authority may borrow money
14 for the purpose of carrying out its duties and exercising its
15 powers under this Article, and issue its general obligation
16 and revenue bonds as evidence of the indebtedness incurred.
17 In addition to other purposes, such bonds may be issued for
18 the purpose of refunding outstanding general obligation or
19 revenue bonds of the Authority. Such general obligation and
20 revenue bonds shall be in the form, shall mature at the time
21 (no later than 40 years from the date of issuance), shall
22 bear interest at the rates (not to exceed the maximum rate
23 authorized by the Bond Authorization Act, as amended at the
24 time of the making of the contract), shall be executed by the
25 officers and shall be sold in the manner as the Board shall
26 determine; except that if issued to bear interest at the the
27 maximum rate authorized by the Bond Authorization Act, as
28 amended at the time of the making of the contract, the bonds
29 shall be sold for not less than par and accrued interest, and
30 that the selling prices of bonds bearing interest at a rate
31 of less than the maximum rate authorized by the Bond
32 Authorization Act, as amended at the time of the making of
33 the contract, shall be such that the interest cost to the
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1 Authority of the money received from the sale of the bonds
2 shall not exceed the maximum rate authorized by the Bond
3 Authorization Act, as amended at the time of the making of
4 the contract, computed to absolute maturity of the bonds in
5 accordance with standard tables of bond values. In case any
6 officer whose signature appears on any bond ceases, after
7 affixing his signature, to hold office, his signature shall
8 nevertheless be valid and effective for all purposes.
9 Before any such bonds (for which a referendum is not
10 required by Section 255-50) may be authorized to be issued,
11 the Board shall by ordinance propose the issuance of the
12 bonds. This ordinance shall set forth the total principal
13 amount of bonds proposed to be issued and shall in a general
14 way describe the purpose for which the bonds are to be
15 issued. After this ordinance has been passed by the Board it
16 shall within 10 days be published once in a newspaper
17 published and having a general circulation within the
18 metropolitan area. The publication of the ordinance shall
19 include a notice of (1) the specific number of voters
20 required to sign a petition requesting that the question of
21 the adoption of the ordinance be submitted to the electors of
22 the metropolitan area; (2) the time in which the petition
23 must be filed; and (3) the date of the prospective
24 referendum. The Secretary of the Board shall provide a
25 petition form to any individual requesting one.
26 If within 30 days after the publication of the ordinance
27 proposing the issuance of bonds for which a referendum is not
28 required by Section 255-50, a petition signed by registered
29 voters of the metropolitan area equal to 10% or more of the
30 registered voters in the metropolitan area, is filed with the
31 Secretary of the Board asking for a referendum on the
32 proposition to issue the bonds, the Board shall certify the
33 proposition, in the form provided by Section 255-50, to the
34 proper election officials in accordance with the general
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1 election law. If no such petition or no valid petition is
2 filed within 30 days after the publication of the ordinance,
3 it shall then be in effect. If such a petition is so filed
4 the ordinance proposing the issuance of the bonds shall not
5 be in effect and the bonds proposed by the ordinance shall
6 not be issued until the proposition has been approved by a
7 majority of the voters of the metropolitan area voting on the
8 proposition.
9 When the ordinance proposing the issuance of the bonds is
10 in effect, the Board may by ordinance authorize the issuance
11 of such bonds setting forth the maturity schedule, interest
12 rate, form and other details of the bonds and their issuance.
13 A copy of the ordinance so authorizing the issuance of the
14 bonds certified by the secretary shall be filed in the office
15 of the county clerk.
16 With respect to instruments for the payment of money
17 issued under this Section either before, on, or after the
18 effective date of Public Act 86-4, it is and always has been
19 the intention of the General Assembly (i) that the Omnibus
20 Bond Acts are and always have been supplementary grants of
21 power to issue instruments in accordance with the Omnibus
22 Bond Acts, regardless of any provision of this Article that
23 may appear to be or to have been more restrictive than those
24 Acts, (ii) that the provisions of this Section are not a
25 limitation on the supplementary authority granted by the
26 Omnibus Bond Acts, and (iii) that instruments issued under
27 this Section within the supplementary authority granted by
28 the Omnibus Bond Acts are not invalid because of any
29 provision of this Article that may appear to be or to have
30 been more restrictive than those Acts.
31 (Source: P.A. 90-328, eff. 1-1-98; revised 1-24-98.)
32 (70 ILCS 200/255-90)
33 Sec. 255-90. Organization of the Board. As soon as
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1 practicably possible after the appointment of the initial
2 members and, thereafter, within 15 days of each election of
3 members, the Board shall organize for the transaction of
4 business, select a chairman, vice-chairman, and a temporary
5 secretary from its own number, and adopt by-laws and
6 regulations to govern its proceedings. The initial chairman
7 and his successors shall be elected by the Board from time to
8 time for the term of his office as a member of the Board.
9 Terms of members are subject to Section 2A-54 of the Election
10 Code.
11 (Source: P.A. 90-328, eff. 1-1-98; incorporates 90-358, eff.
12 1-1-98; revised 10-27-97.)
13 Section 60. The East St. Louis Area Development Act is
14 amended by changing the title of the Act as follows:
15 (70 ILCS 505/Act title)
16 An Act creating the East St. Louis Area Development
17 Authority, to define its powers, responsibilities and duties,
18 and to establish the framework for a cooperative coopertive
19 relationship between such Authority and existing State and
20 Federal departments and agencies, and units of local
21 government and school districts.
22 Section 61. The Tri-County River Valley Development
23 Authority Law is amended by changing Section 2004 as follows:
24 (70 ILCS 525/2004) (from Ch. 85, par. 7504)
25 Sec. 2004. Establishment.
26 (a) There is hereby created a political subdivision,
27 body politic and municipal corporation named the Tri-County
28 River Valley Development Authority. The territorial
29 jurisdiction of the Authority is that geographic area within
30 the boundaries of Peoria, Tazewell and Woodford counties in
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1 the State of Illinois and any navigable waters and air space
2 located therein.
3 (b) The governing and administrative powers of the
4 Authority shall be vested in a body consisting of 11 members
5 including, as ex officio members, the Director of Commerce
6 and Community Affairs, or his or her designee, and the
7 Director of Natural Resources, or that Director's designee.
8 The other 9 members of the Authority shall be designated
9 "public members", 3 of whom shall be appointed by the
10 Governor, 3 of whom shall be appointed one each by the county
11 board chairmen of Peoria, Tazewell and Woodford counties and
12 3 of whom shall be appointed one each by the city councils of
13 East Peoria, Pekin and Peoria. All public members shall
14 reside within the territorial jurisdiction of this Act. Six
15 members shall constitute a quorum. The public members shall
16 be persons of recognized ability and experience in one or
17 more of the following areas: economic development, finance,
18 banking, industrial development, small business management,
19 real estate development, community development, venture
20 finance, organized labor or civic, community or neighborhood
21 organization. The Chairman of the th Authority shall be
22 elected by the Board annually from the 6 members appointed by
23 the county board chairmen and city councils.
24 (c) The terms of all members of the Authority shall
25 begin 30 days after the effective date of this Article. Of
26 the 9 public members appointed pursuant to this Act, 3 shall
27 serve until the third Monday in January 1992, 3 shall serve
28 until the third Monday in January 1993, and 3 shall serve
29 until the third Monday in January 1994. All successors shall
30 be appointed by the original appointing authority and hold
31 office for a term of 3 years commencing the third Monday in
32 January of the year in which their term commences, except in
33 case of an appointment to fill a vacancy. Vacancies
34 occurring among the public members shall be filled for the
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1 remainder of the term. In case of vacancy in a
2 Governor-appointed membership when the Senate is not in
3 session, the Governor may make a temporary appointment until
4 the next meeting of the Senate when a person shall be
5 nominated to fill such office, and any person so nominated
6 who is confirmed by the Senate shall hold office during the
7 remainder of the term and until a successor shall be
8 appointed and qualified. Members of the Authority shall not
9 be entitled to compensation for their services as members but
10 may be reimbursed for all necessary expenses incurred in
11 connection with the performance of their duties as members.
12 (d) The Governor may remove any public member of the
13 Authority in case of incompetency, neglect of duty, or
14 malfeasance in office.
15 (e) The Board may appoint an Executive Director who
16 shall have a background in finance, including familiarity
17 with the legal and procedural requirements of issuing bonds,
18 real estate or economic development and administration. The
19 Executive Director shall hold office at the discretion of the
20 Board. The Executive Director shall be the chief
21 administrative and operational officer of the Authority,
22 shall direct and supervise its administrative affairs and
23 general management, shall perform such other duties as may be
24 prescribed from time to time by the members and shall receive
25 compensation fixed by the Authority. The Executive Director
26 shall attend all meetings of the Authority; however, no
27 action of the Authority shall be invalid on account of the
28 absence of the Executive Director from a meeting. The
29 Authority may engage the services of such other agents and
30 employees, including attorneys, appraisers, engineers,
31 accountants, credit analysts and other consultants, as it may
32 deem advisable and may prescribe their duties and fix their
33 compensation.
34 (f) The Board may, by majority vote, nominate up to 4
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1 non-voting members for appointment by the Governor.
2 Non-voting members shall be persons of recognized ability and
3 experience in one or more of the following areas: economic
4 development, finance, banking, industrial development, small
5 business management, real estate development, community
6 development, venture finance, organized labor or civic,
7 community or neighborhood organization. Non-voting members
8 shall serve at the pleasure of the Board. All non-voting
9 members may attend meetings of the Board and may be
10 reimbursed as provided in subsection (c).
11 (g) The Board shall create a task force to study and
12 make recommendations to the Board on the economic development
13 of the territory within the jurisdiction of this Act. The
14 members of the task force shall reside within the territorial
15 jurisdiction of this Article, shall serve at the pleasure of
16 the Board and shall be persons of recognized ability and
17 experience in one or more of the following areas: economic
18 development, finance, banking, industrial development, small
19 business management, real estate development, community
20 development, venture finance, organized labor or civic,
21 community or neighborhood organization. The number of
22 members constituting the task force shall be set by the Board
23 and may vary from time to time. The Board may set a specific
24 date by which the task force is to submit its final report
25 and recommendations to the Board.
26 (Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)
27 Section 62. The Downstate Forest Preserve District Act
28 is amended by changing Section 2 as follows:
29 (70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
30 Sec. 2. The proposition shall be substantially in the
31 following form:
32 -------------------------------------------------------------
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1 "Shall there be organized a forest
2 preserve district in accordance with
3 the order of the judge of the circuit
4 court of .... county, under the date YES
5 of the .... day of ...., 19...,
6 191.., to be known as (insert here
7 the name of the proposed district as ------------------
8 entered in the order of the judge of
9 the circuit court) and described as
10 follows: (insert description of the NO
11 proposed district as entered in the
12 order of the judge of the circuit
13 court)" [?]
14 -------------------------------------------------------------
15 The clerk of the circuit court of the such county shall
16 cause a statement of the result of the such referendum in the
17 proposed each district to be filed in the records of the
18 circuit court of the such county, and if a majority of the
19 votes cast in the proposed any district upon the such
20 question is found to be in favor of the organization of a
21 such forest preserve district, the proposed such forest
22 preserve district shall thenceforth be deemed an organized
23 forest preserve district under this Act.
24 (Source: P.A. 83-343; revised 8-11-97.)
25 Section 63. The Mosquito Abatement District Act is
26 amended by changing Section 3 as follows:
27 (70 ILCS 1005/3) (from Ch. 111 1/2, par. 76)
28 Sec. 3. The determination of the court as to the
29 necessity for the organization of the proposed mosquito
30 abatement district, together with the description of the
31 boundaries of such district as fixed by such court, shall be
32 entered of record in of the court. Thereupon the court shall
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1 certify the question of the organization of the territory
2 included within the boundaries fixed by it as a mosquito
3 abatement district to the proper election officials who shall
4 submit the question to the legal voters resident within such
5 territory at an election to be held in the district. Notice
6 of such referendum shall be given and the referendum
7 conducted in the manner provided by the general election law.
8 The notice of such election shall state the purpose of the
9 referendum, describe the territory proposed to be organized
10 as a mosquito abatement district, and state the time of such
11 election.
12 The proposition shall be in substantially the following
13 form:
14 -------------------------------------------------------------
15 Shall this territory (describing YES
16 it) be organized as The .......... ------------------------
17 Mosquito Abatement District? NO
18 -------------------------------------------------------------
19 The court shall cause a statement of the result to be
20 entered of record in the court.
21 (Source: P.A. 83-343; revised 12-18-97.)
22 Section 64. The Park District Code is amended by
23 changing Section 8-21 as follows:
24 (70 ILCS 1205/8-21) (from Ch. 105, par. 8-21)
25 Sec. 8-21. Each park district may insure against any
26 loss or liability of the park district, members of the park
27 board, and employees thereof, by reason of civil rights
28 damage claims and suits, constitutional rights damage claims
29 and suits, death and bodily injury damage claims and suits,
30 and property damage claims and suits, including defense
31 thereof, when damages are sought for negligent or wrongful
32 acts allegedly committed within the scope of employment, or
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1 under the direction, of the park board. Such insurance shall
2 be carried with a company licensed to write such coverage in
3 this State.
4 Each park district may provide for or participate in the
5 provision of insurance protection and benefits for its
6 employees and their dependents, including but not limited to
7 retirement annuities, and medical, surgical and
8 hospitalization benefits, in such types and amounts as shall
9 be determined by the board, for the purposes of aiding in
10 securing and retaining the services of competent employees.
11 Where employee participation in such provision is involved,
12 the board, with the consent of the employee, may withhold
13 deductions from the employee's salary necessary to defray the
14 employee's share of such insurance costs. Such insurance or
15 benefits may be contracted for only with an insurance company
16 authorized to do business in this State, or any non-profit
17 hospital service corporation organized under the Non-Profit
18 Health Care Service Plan Act or incorporated under the
19 Medical Service Plan Act. Such insurance may include
20 provision for employees and their dependents who rely on
21 treatment by prayer or spiritual means alone for healing, in
22 accordance with the tenets and practice of a recognized
23 religious denomination.
24 For the purposes of this Section, "dependent" means an
25 employee's spouse and any unmarried child (1) under the age
26 of 19 years, including (a) an adopted child and (b) a
27 stepchild or recognized child who lives with the employee in
28 a regular parent-child relationship or (2) under the age of
29 23 who is enrolled as a full-time student in any accredited
30 school, college or university.
31 (Source: P.A. 83-807; revised 1-21-98.)
32 Section 65. The Chicago Park District Act is amended by
33 changing Section 17 as follows:
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1 (70 ILCS 1505/17) (from Ch. 105, par. 333.17)
2 Sec. 17. Fiscal year; budget report; appropriation
3 ordinance.
4 (a) After the year in which this Act is adopted, the
5 fiscal year of the Chicago Park District shall commence on
6 the first day of January and end on the thirty-first day of
7 December. This period shall constitute the budget year of the
8 district. The fiscal provisions set forth in this Section
9 shall apply only in the years following the year of the
10 adoption of this Act.
11 (b) At least 60 days before the beginning of each fiscal
12 year, the secretary shall prepare and submit to the president
13 a budget report to the commission which shall include, among
14 other things, a statement of proposed expenditures for the
15 ensuing fiscal year. The statement of proposed expenditures
16 shall show separately the amounts for ordinary recurring
17 expenses, for extraordinary expenditures, for debt service,
18 and for capital outlays and shall be accompanied by detailed
19 estimates of expenditure requirements setting forth the
20 objects of expenditure (such as personal service, contractual
21 services, supplies and materials, and the like) and showing
22 further classification, by character, object, or purpose, as
23 required by the system of expenditure accounts adopted by the
24 commission. The secretary shall also submit with his or her
25 statement of proposed expenditures (i) a consolidated summary
26 statement of the financial condition of the district; (ii)
27 classified statements of income and receipts and of
28 expenditures and disbursements for the last completed fiscal
29 year and as estimated for the fiscal year then in progress;
30 and (iii) a statement of the means of financing the
31 operations of the district, indicating the cash and other
32 current resources to be available at the beginning of the
33 next fiscal year and the estimated cash receipts of that
34 year. Estimated receipts from taxes levied from property
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1 shall in no event exceed an amount produced by multiplying
2 the maximum statutory rate of tax by the last known assessed
3 valuation of taxable property within the district as
4 equalized for State and county taxes. The secretary shall
5 submit, with the budget report, a draft of an appropriation
6 ordinance and a pertinent description of the proposed
7 financial and operating program and of its anticipated
8 effects on the district's finances and affairs.
9 (c) The amounts of proposed expenditures, and of
10 revenues for appropriations, as set forth in the proposed
11 appropriation ordinance shall include, in addition to the
12 other requirements for operation, maintenance, and
13 improvement, the full amounts reasonably to be anticipated as
14 needed for (i) interest on district debt coming due and
15 payable, (ii) paying off principal debt maturing during the
16 year, (iii) annual installments on sinking funds for the
17 meeting of any anticipated cash deficit from the operations
18 of the fiscal year then in progress, (iv) payments due to any
19 retirement or other special funds, (v) paying off any final
20 judgments in effect at the time, (vi) making good any
21 deficiency in any sinking, endowment, or trust fund to be
22 kept inviolate, and (vii) any payments for any contracts for
23 capital improvements properly entered into during the current
24 fiscal year or any previous fiscal year for work to be
25 performed in the fiscal year for which the budget is
26 prepared. These requirements shall be adequately provided for
27 in the appropriation ordinance adopted by the commission.
28 (d) Upon receiving the budget report, the commission
29 shall make the report and a tentative budget appropriation
30 bill available to public inspection for at least 10 days by
31 having at least 3 copies of the report and bill on file in
32 the office of the district secretary. The commission shall
33 hold at least one public hearing on the budget report and
34 tentative budget appropriation bill. Seven days public notice
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1 of the hearing shall be given by at least one publication in
2 a newspaper having a general circulation in the district.
3 (e) After the hearing, the commission shall consider the
4 budget report and shall, before the beginning of the new
5 fiscal year, adopt an annual appropriation ordinance in which
6 the commission shall appropriate the sums of money required
7 to meet all necessary expenditures during the fiscal year. In
8 no event shall the aggregate amounts appropriated exceed the
9 total means of financing. The vote of the commissioners upon
10 the appropriation ordinance shall be taken by yeas and nays
11 and recorded in the proceedings of the commission.
12 (f) Except as otherwise provided in this subsection (f),
13 after the adoption of the appropriation ordinance, the
14 commission shall not make any further or other appropriation
15 before the adoption or passage of the next succeeding annual
16 appropriation ordinance and shall have no power either
17 directly or indirectly to make any contract or do any act
18 that will add to the expense or liabilities of the district a
19 sum over and above the amount provided for in the annual
20 appropriation ordinance for that fiscal year.
21 Notwithstanding the foregoing provision, the commission may
22 adopt a supplemental appropriation ordinance for any
23 corporate purpose in an amount not in excess of any
24 additional receipts available to the Chicago Park District,
25 or estimated to be received by the district, after the
26 adoption of the annual appropriation ordinance. The
27 supplemental appropriation ordinance shall, however, only
28 affect revenue that becomes available after the annual
29 appropriation ordinance is adopted. For purposes of
30 supplemental appropriation ordinances, notice of the public
31 hearing at which the ordinance is to be considered shall be
32 given by publishing notice of the hearing at least once no
33 less than 10 days before the hearing.
34 (g) When the voters have approved a bond ordinance for a
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1 particular purpose and the bond ordinance had not been passed
2 at the time of the adoption of the annual appropriation
3 ordinance, the commission may pass a supplemental
4 appropriation ordinance (upon compliance with the terms of
5 this Act) making appropriations for the particular purpose
6 for which the bonds were authorized. Nothing in this Act
7 shall be construed to forbid the commission from making any
8 expenditure or incurring any liability rendered necessary to
9 meet emergencies such as floods, fires, storms, unforeseen
10 damages, or other catastrophes catastrophies happening after
11 the annual appropriation ordinance has been passed or
12 adopted. Nothing contained in this Act shall be construed to
13 deprive the commission of the power to provide for and cause
14 to be paid from the district's funds any charge upon the
15 district imposed by law without the action of the commission.
16 (h) The Chicago Park District shall, at any time after
17 the beginning of each fiscal year, have power to authorize
18 the making of transfers among appropriations within a
19 department or other separate division under its jurisdiction
20 or of sums of money appropriated for one object or purpose to
21 another object or purpose. The commission shall adopt an
22 ordinance establishing procedures by which the transfers
23 shall be made. In no event shall transfers from
24 appropriations for ordinary recurring expenses to
25 appropriations for capital outlays or from capital outlays to
26 ordinary recurring expenses be authorized or made. No
27 appropriation for any purpose shall be reduced below an
28 amount sufficient to cover all unliquidated and outstanding
29 contracts or obligations certified from or against the
30 appropriation for that purpose.
31 (i) No contract shall be made or expense or liability
32 incurred by the commission, by any member or committee of the
33 commission, or by any person or persons for or on its behalf,
34 notwithstanding the expenditures may have been ordered by the
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1 commission, unless an appropriation for the contract,
2 expense, or liability has been previously made by the
3 commission in the manner provided in this Section. No
4 officer or employee employe shall during a fiscal year
5 expend, or contract to be expended, any money or incur any
6 liability or enter into any contract that by its terms
7 involves the expenditures of money for any purpose for which
8 provisions are made in the appropriation ordinance in excess
9 of the amounts appropriated in the ordinance. Any contract,
10 verbal or written, made in violation of this Section shall be
11 null and void as to the district, and no moneys belonging to
12 the district shall be paid on the contract. Nothing
13 contained in this subsection (i) shall prevent the making of
14 contracts for the lawful purposes of the district for a
15 period of more than one year, but any contract so made shall
16 be executory only for the amounts for which the district may
17 become lawfully liable in succeeding fiscal years.
18 (j) If, at the termination of any fiscal year or at the
19 time when the appropriation ordinance is required to have
20 been passed and published as provided by this Act, the
21 appropriations necessary for the support of the district for
22 the ensuing fiscal year have not been made, the several
23 amounts appropriated in the last appropriation ordinance for
24 the objects and purposes specified in that ordinance, so far
25 as the amounts related to operation and maintenance expenses,
26 shall be deemed to be re-appropriated for the several objects
27 and purposes specified in the last appropriation ordinance.
28 Until the commission acts in that behalf, the proper officer
29 shall make the payments necessary for the support of the
30 district on the basis of the preceding fiscal year.
31 (k) The appropriation ordinance shall not be construed
32 as an approval by the commission of any contract liabilities
33 or of any project or purpose mentioned in the ordinance but
34 should be regarded only as a provision of a fund or funds for
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1 the payment of the liabilities, project, or purpose when
2 contract liabilities have been found to be valid and legal
3 obligations against such district and when properly
4 vouchered, audited, and approved by the commission, or when
5 any project or purpose is approved and authorized by the
6 commission, as the case may be.
7 (l) During the year in which this Act is adopted, the
8 commissioners of the Chicago Park District shall provide for
9 the necessary expenses of the district by ordinance filed in
10 the records of the commission, and no expenditure shall be
11 made nor obligation incurred except pursuant to that
12 ordinance.
13 (Source: P.A. 87-1274; revised 6-27-97.)
14 Section 66. The Havana Regional Port District Act is
15 amended by changing Section 28 as follows:
16 (70 ILCS 1805/28) (from Ch. 19, par. 628)
17 Sec. 28. The Board shall appoint a secretary and a
18 treasurer, who need not be members of the Board, to hold
19 office during the pleasure of the Board, and fix their duties
20 and compensation. Before entering upon the duties of their
21 respective offices each shall take and subscribe the
22 constitutional oath of office, and the treasurer shall
23 execute a bond in the amount and with corporate sureties
24 approved by the Board. The bond shall be payable to the
25 District in whatever penal sum is directed by the Board,
26 conditioned upon the faithful performance of the duties of
27 the office and the payment of all money received by him
28 according to law and the orders of the Board. The Board may,
29 at any time, require a new bond from the treasurer in such
30 penal sum as may then be determined by the Board. The
31 obligation of the sureties shall not extend to any loss
32 sustained by insolvency, failure or closing of any savings
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1 and loan association or national or State bank wherein the
2 treasurer has deposited funds if the bank or savings and loan
3 association has been approved by the Board as a depositary
4 for these funds. The oaths of office and the treasurer's bond
5 shall be filed in the principal office of the Port District.
6 (Source: P.A. 83-541; revised 12-18-97.)
7 Section 67. The Jackson-Union Counties Regional Port
8 District Act is amended by changing Sections 2.21 and 16 as
9 follows:
10 (70 ILCS 1820/2.21) (from Ch. 19, par. 852.21)
11 Sec. 2.21. "Mayor" means the mayor, president, or other
12 chief elected official of the following municipalities, as
13 the case may require: of the City of Grand Tower, the Village
14 chief elected official of Dowell, the City chief elected
15 official of Ava, the Mayor of the City of Murphysboro, the
16 Mayor of the City of Carbondale, the Mayor of the City of
17 Anna, the President of the Village of Cobden, the President
18 of the Village of Makanda, the Mayor of the City of
19 Jonesboro, the Village Mayor of the City of Alto Pass, the
20 Village Mayor of the City of Elkville, the President of the
21 Village of Dongola, the President of the Village of Campbell
22 Hill, the President of the Village of Mill Creek, the
23 President of the Village of Vergennes, the Village Mayor of
24 the City of DeSoto Desota, and the Village Mayor of the City
25 of Gorham, as the case may require.
26 (Source: P.A. 79-1475; revised 6-27-97.)
27 (70 ILCS 1820/16) (from Ch. 19, par. 866)
28 Sec. 16. The Governor shall appoint 4 members of the
29 Board, each Mayor of the municipalities of Grand Tower,
30 Jonesboro, Gorham, Murphysboro, Carbondale, Anna, Cobden,
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1 Makanda, Ava, Mill Creek, Elkville, Alto Pass, Vergennes,
2 Dowell, DeSoto Desota, Campbell Hill, and Dongola shall
3 appoint one member of the Board, and each County Board of
4 Jackson County and Union County shall appoint one member of
5 the Board. All initial appointments shall be made within 60
6 days after this Act takes effect. Of the 4 members initially
7 appointed by the Governor 2 shall be appointed for initial
8 terms expiring June 1, 1978, and 2 for an initial term
9 expiring June 1, 1979. The terms of the members initially
10 appointed by the respective Mayors and County Boards shall
11 expire June 1, 1979. At the expiration of the term of any
12 member, his successor shall be appointed by the Governor, the
13 respective Mayors, or the respective County Boards in like
14 manner and with like regard to place of residence of the
15 appointee, as in the case of appointments for the initial
16 terms.
17 After the expiration of initial terms, each successor
18 shall hold office for the term of 3 years beginning the first
19 day of June of the year in which the term of office
20 commences. In the case of a vacancy during the term of
21 office of any member appointed by the Governor, the Governor
22 shall make an appointment for the remainder of the term
23 vacant and until a successor is appointed and qualified. In
24 case of a vacancy during the term of office of any member
25 appointed by a Mayor, the proper Mayor shall make an
26 appointment for the remainder of the term vacant and until a
27 successor is appointed and qualified. In case of a vacancy
28 during the term of office of any member appointed by a County
29 Board, the proper County Board shall make an appointment for
30 the remainder of the term vacant and until a successor is
31 appointed and qualified. The Governor, each Mayor, and each
32 County Board shall certify their respective appointments to
33 the Secretary of State. Within 30 days after certification
34 of his appointment, and before entering upon the duties of
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1 his office, each member of the Board shall take and subscribe
2 the constitutional oath of office and file it in the office
3 of the Secretary of State.
4 Every person appointed to the Board after the effective
5 date of this amendatory Act of 1981 shall be a resident of
6 the unit of local government which makes the appointment.
7 Persons appointed by the Governor shall reside in the
8 district.
9 (Source: P.A. 82-388; revised 6-27-97.)
10 Section 68. The Sanitary District Act of 1907 is amended
11 by changing Section 27.1 as follows:
12 (70 ILCS 2205/27.1) (from Ch. 42, par. 273.1)
13 Sec. 27.1. The board of trustees of any sanitary
14 district may arrange to provide for the benefit of employees
15 and trustees of the sanitary district group life, health,
16 accident, hospital and medical insurance, or any one or any
17 combination of such types of insurance. Such insurance may
18 include provision for employees and trustees who rely on
19 treatment by prayer or spiritual means alone for healing in
20 accordance with the tenets and practice of a well recognized
21 religious denomination. The board of trustees may provide
22 for payment by the sanitary district of the premium or charge
23 for such insurance.
24 If the board of trustees do not provide for a plan
25 pursuant to which the sanitary district pays the premium or
26 charge for any group insurance plan, the board of trustees
27 may provide for the withholding and deducting from the
28 compensation of such of the employees and trustees as consent
29 thereto the premium or charge for any group life, health,
30 accident, hospital and medical insurance.
31 The board of trustees may exercise the powers granted in
32 this section only if the kinds of such group insurance are
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1 obtained from any insurance company authorized to do business
2 in the State of Illinois or any non-profit hospital service
3 corporation organized under the provisions of the Non-Profit
4 Hospital Service Plan Act, as heretofore and hereafter
5 amended, or incorporated under the provisions of the Medical
6 Service Plan Act, as heretofore and hereafter amended, or any
7 other organization or service offering similar coverage. The
8 board of trustees may enact an ordinance prescribing the
9 method of operation of such insurance program.
10 (Source: Laws 1963, p. 2756; revised 1-21-98.)
11 Section 69. The North Shore Sanitary District Act is
12 amended by changing Sections 12 and 29 as follows:
13 (70 ILCS 2305/12) (from Ch. 42, par. 288)
14 Sec. 12. The board of trustees may levy and collect other
15 taxes for corporate purposes upon property within the
16 territorial limits of the sanitary district, the aggregate
17 amount of which for each year may not exceed .083% of value,
18 as equalized or assessed by the Department of Revenue, except
19 that if a higher rate has been established by referendum
20 before August 2, 1965, it shall continue. If the board
21 desires to levy such taxes at a rate in excess of .083% but
22 not in excess of .35% of the value of all taxable property
23 within the district as equalized or assessed by the
24 Department of Revenue, they shall order the question to be
25 submitted at an election to be held within the district. The
26 certification and submission of the question and the election
27 shall be governed by the general election law. Upon the
28 filing of a petition signed by 10% of the registered voters
29 of the district, . the right to levy an additional tax, or
30 any portion thereof, authorized by the legal voters, may at
31 any time after one or more tax levies thereunder, be
32 terminated by a majority vote of the electors of the district
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1 at a referendum. The trustees of the district shall certify
2 the proposition to the proper election officials, who shall
3 submit the proposition at an election in accordance with the
4 general election law.
5 In addition to the other taxes authorized by this
6 Section, the board of trustees may levy and collect, without
7 referendum, a tax for the purpose of paying the cost of
8 operation of the chlorination of sewage, or other means of
9 disinfection or additional treatment as may be required by
10 water quality standards approved or adopted by the Pollution
11 Control Board or by the court, which tax is not subject to
12 the rate limitations imposed by this Section but may be
13 extended at a rate not to exceed .03% of the value of all
14 taxable property within the district as equalized or assessed
15 by the Department of Revenue.
16 Such tax may be extended at a rate in excess of .03% but
17 not to exceed .05%, providing the question of levying such
18 increase has first been submitted to the voters of such
19 district at any regular election held in such district in
20 accordance with the general election law and has been
21 approved by a majority of such voters voting thereon.
22 The board shall cause the amount required to be raised by
23 taxation in each year to be certified to the county clerk by
24 the second Tuesday in September, as provided in Section 157
25 of the General Revenue Law of Illinois. All taxes so levied
26 and certified shall be collected and enforced in the same
27 manner and by the same officers as State and county taxes,
28 and shall be paid over by the officers collecting the same to
29 the treasurer of the sanitary district in the manner and at
30 the time provided by the General Revenue Law of Illinois.
31 The treasurer shall, when the moneys of the district are
32 deposited with any bank or savings and loan association,
33 require that bank or savings and loan association to pay the
34 same rates of interest for the moneys deposited as the bank
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1 or savings and loan association is accustomed to pay to
2 depositors under like circumstances, in the usual course of
3 its business. All interest so paid shall be placed in the
4 general funds of the district, to be used as other moneys
5 belonging to the district raised by general taxation or sale
6 of water.
7 No bank or savings and loan association shall receive
8 public funds as permitted by this Section, unless it has
9 complied with the requirements established pursuant to
10 Section 6 of "An Act relating to certain investments of
11 public funds by public agencies", approved July 23, 1943, as
12 now or hereafter amended.
13 In addition to the foregoing, the Board of Trustees shall
14 have all of the powers set forth in Division 7 of Article 8
15 of the Illinois Municipal Code until September 10, 1986.
16 (Source: P.A. 83-541; revised 12-18-97.)
17 (70 ILCS 2305/29) (from Ch. 42, par. 296.9)
18 Sec. 29. The board of trustees of any sanitary district
19 may arrange to provide for the benefit of employees and
20 trustees of the sanitary district group life, health,
21 accident, hospital and medical insurance, or any one or any
22 combination of those types of insurance. Such insurance may
23 include provision for employees and trustees who rely on
24 treatment by prayer or spiritual means alone for healing in
25 accordance with the tenets and practice of a well recognized
26 religious denomination. The board of trustees may provide
27 for payment by the sanitary district of the premium or charge
28 for such insurance.
29 If the board of trustees does not provide for a plan
30 pursuant to which the sanitary district pays the premium or
31 charge for any group insurance plan, the board of trustees
32 may provide for the withholding and deducting from the
33 compensation of such of the employees and trustees as consent
HB1268 Enrolled -447- LRB9000999EGfg
1 thereto the premium or charge for any group life, health,
2 accident, hospital and medical insurance.
3 The board of trustees may exercise the powers granted in
4 this Section only if the kinds of group insurance are
5 obtained from an insurance company authorized to do business
6 in the State of Illinois, from a non-profit hospital service
7 corporation organized under the Non-Profit Hospital Service
8 Plan Act, as heretofore and hereafter amended, or
9 incorporated under the Medical Service Plan Act, as
10 heretofore and hereafter amended, or from any other
11 organization or service offering similar coverage. The board
12 of trustees may enact an ordinance prescribing the method of
13 operation of such an insurance program.
14 (Source: Laws 1967, p. 3808; revised 1-21-98.)
15 Section 70. The Sanitary District Act of 1917 is amended
16 by changing Sections 25 and 26 as follows:
17 (70 ILCS 2405/25) (from Ch. 42, par. 317g)
18 Sec. 25. The board of trustees of any sanitary district
19 may arrange to provide for the benefit of employees and
20 trustees of the sanitary district group life, health,
21 accident, hospital and medical insurance, or any one or any
22 combination of such types of insurance. Such insurance may
23 include provision for employees and trustees who rely on
24 treatment by prayer or spiritual means alone for healing in
25 accordance with the tenets and practice of a well recognized
26 religious denomination. The board of trustees may provide
27 for payment by the sanitary district of the premium or charge
28 for such insurance.
29 If the board of trustees do not provide for a plan
30 pursuant to which the sanitary district pays the premium or
31 charge for any group insurance plan, the board of trustees
32 may provide for the withholding and deducting from the
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1 compensation of such of the employees and trustees as consent
2 thereto the premium or charge for any group life, health,
3 accident, hospital and medical insurance.
4 The board of trustees may exercise the powers granted in
5 this section only if the kinds of such group insurance are
6 obtained from any insurance company authorized to do business
7 in the State of Illinois, or any non-profit hospital service
8 corporation organized under the provisions of the Non-Profit
9 Hospital Service Plan Act, as heretofore and hereafter
10 amended, or incorporated under the provisions of the Medical
11 Service Plan Act, as heretofore and hereafter amended, or any
12 other organization or service offering similar coverage. The
13 board of trustees may enact an ordinance prescribing the
14 method of operation of such insurance program.
15 (Source: Laws 1963, p. 2755; revised 1-21-98.)
16 (70 ILCS 2405/26) (from Ch. 42, par. 317h)
17 Sec. 26. (1) The terms used in this Section are defined
18 as follows:
19 The term "Board of Trustees" means the Board of Trustees
20 of a sanitary district organized under this Act.
21 The term "District Director" means the chief
22 administrative officer of such sanitary district.
23 The term "Waters" means all accumulations of water,
24 surface and underground, natural and artificial, public and
25 private, or parts thereof, which are wholly or partially
26 within, or flow through, the territorial boundaries of such
27 sanitary district.
28 The term "Wastewater" means the combination of liquid and
29 water-carried wastes from residences, commercial buildings,
30 industrial plants and institutions, including polluted
31 cooling water.
32 The term "Sanitary Wastewater" means the combination of
33 liquid and water-carried wastes discharged from toilet and
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1 other sanitary plumbing facilities.
2 The term "Industrial Wastewater" means a combination of
3 liquid and water-carried waste, discharged from any
4 industrial establishment and resulting from any trade or
5 process carried on in that establishment including the
6 wastewater from pretreatment facilities and polluted cooling
7 water.
8 The term "Combined Wastewater" means wastewater including
9 sanitary wastewater, industrial wastewater, storm water,
10 infiltration and inflow carried to the sewage treatment plant
11 by a sewer.
12 The term "Pollutant" means any dredged spoil, solid
13 waste, incinerator residue, sewage, garbage, sewage sludge,
14 munitions, chemical wastes, biological materials, radioactive
15 materials, heat, wrecked or discharged equipment, rock, sand,
16 cellar dirt and industrial, municipal, and agricultural waste
17 discharged into any waters as will or is likely to create a
18 nuisance or render such waters harmful or detrimental or
19 injurious to public health, safety or welfare, or to
20 domestic, commercial, industrial, agricultural, recreational,
21 or other legitimate uses, or to livestock, wild animals,
22 birds, fish, or other aquatic life, or causes or may cause
23 interference with the operation of the sanitary district
24 sewage treatment plant.
25 The term "Interference" means an inhibition or disruption
26 of the sanitary district's sewage treatment plant, its
27 treatment processes or operations, or its sludge processes,
28 use or disposal which is a cause of or significantly
29 contributes to either a violation of any requirement of the
30 sewage treatment work's ability to discharge to the waters of
31 the State of Illinois or to the prevention of sewage sludge
32 use or disposal by the sewage treatment work in accordance
33 with the applicable statutory and regulatory provisions.
34 The term "Person" means any and all persons, natural or
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1 artificial, including any individual, firm or association,
2 and any unit of local government or private corporation
3 organized or existing under the laws of this or any other
4 state or country.
5 (2) The sanitary district, acting through the District
6 Director, may study, investigate and from time to time
7 determine ways and means of removing from the water within
8 such sanitary district so far as is practicable, all
9 pollutants in accordance with Federal and State statutes and
10 applicable regulations, and to determine methods of abating
11 such pollutants that are detrimental to public health or to
12 animals, fish or aquatic life, or detrimental to the
13 practicable use of the waters for purposes of recreation,
14 industry or agriculture, or which interfere or might
15 interfere with the operation of such sanitary district's
16 sewage treatment plant.
17 (3) The sanitary district may by ordinance provide that
18 no user who is planning to discharge into any waters,
19 pollutants or wastewater which may cause the pollution of
20 such waters within such sanitary district, may make such
21 discharge unless a written permit or permits for such
22 discharge have been granted by the sanitary district acting
23 through its Board of Trustees. The sanitary district may by
24 ordinance provide that no changes in or additions to a user's
25 discharge into any waters, including changes in or additions
26 to the method of treating of wastewater or pollutants, may be
27 made within such sanitary district unless and until the
28 proposed changes have been submitted to and approved by the
29 sanitary district and a permit or permits have been issued
30 therefor by the Board of Trustees.
31 (4) Plans and specifications describing any discharges
32 set forth in this Act shall be submitted to the sanitary
33 district before a written permit or permits may be issued.
34 Construction of any facilities required by such plans and
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1 specifications must be in accordance with such plans and
2 specifications. In case it is necessary or desirable to make
3 material changes in said plans or specifications, the revised
4 plans or specifications, together with the reasons for the
5 proposed changes must be submitted to the sanitary district
6 for a revised or supplemental written permit.
7 (5) The sanitary district, acting through the District
8 Director, may require any user, other than a user discharging
9 only domestic strength waste, which is discharging to the
10 sanitary district, to file with it complete plans of the
11 whole or of any part of its wastewater discharge system and
12 any other information and records concerning the installation
13 and operation of such system.
14 (6) The sanitary district, acting through the District
15 Director, may establish procedures for the review of any
16 plans, specifications or other data relative to any user's
17 wastewater discharge system, for which this Act requires a
18 written permit or permits.
19 (7) The sanitary district, acting through the District
20 Director, may adopt and enforce rules and regulations
21 governing the issuance of permits and the method and manner
22 under which plans, specifications, or other data relative
23 thereto must be submitted for such wastewater discharge
24 systems or for additions to, changes in or extensions of such
25 wastewater discharge systems.
26 (8) Whenever the sanitary district, acting through the
27 District Director, determines that wastewater or pollutants
28 are being discharged into any waters and when, in the opinion
29 of the District Director, such discharge pollutes the same or
30 renders such waters incapable of use for the purposes stated
31 herein, the District Director may by conference, conciliation
32 and persuasion, endeavor to the fullest extent possible to
33 eliminate such discharge or cause such discharger to cease
34 such pollution. The District Director shall not hold more
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1 than one such conference for any single user in any
2 consecutive 12 month period before calling for a Show Cause
3 Hearing as set forth herein. In addition, nothing in this
4 Section shall prohibit the Director, upon discovery of an
5 ongoing or potential discharge of pollutants to the sewage
6 treatment works which reasonably appears to present an
7 imminent danger to the health or welfare of persons, from
8 seeking and obtaining from the Circuit Court of the county in
9 which the such sanitary district is located a Temporary
10 Restraining Order to halt or prohibit such discharge or from
11 proceeding under any other provision of this Act; and
12 provided further, that where the Director discovers an
13 ongoing or potential discharge to its sewage treatment works
14 which presents or may present a danger to the environment or
15 which threatens to interfere or interferes with the operation
16 of its treatment works, he may call a Show Cause Hearing as
17 set forth herein without the requirement for such process of
18 conference, conciliation and persuasion.
19 In the case of the failure by conference, conciliation
20 and persuasion to correct or remedy any claimed violation,
21 the District Director may order whoever causes such discharge
22 to show cause before the Board of Trustees of such sanitary
23 district why such discharge should not be discontinued. A
24 notice may be served on the offending party directing him or
25 it to show cause before such Board of Trustees why an Order
26 should not be entered directing the discontinuance of such
27 discharge. Such notice shall specify the time and place
28 where a hearing will be held and shall be served personally
29 or by registered or certified mail at least 5 days before the
30 hearing; and in the case of a unit of local government or a
31 corporation, such service shall be upon an officer or agent
32 thereof. After reviewing the evidence, the Board of Trustees
33 may issue an order to the party responsible for such
34 discharge, directing that the user responsible shall cease
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1 such discharge immediately or that following a specified time
2 such discharge shall cease or the discharge permit or permits
3 previously issued to such discharger shall be revoked
4 immediately or after a time certain, or shall issue such
5 other order as may serve to abate said discharge. If the
6 party fails to cease such discharge in accordance with the
7 Board's Order, the sanitary district may disconnect such
8 discharge on Order of the Board of Trustees.
9 (9) Any permit authorized and issued under the
10 provisions of this Act may, when necessary, in the opinion of
11 the District Director, to prevent pollution of such waters,
12 be revoked or modified by the Board of Trustees after
13 investigation, notice and hearing as provided in paragraph
14 (8) of this Section.
15 (10) A violation of an order of the Board of Trustees
16 shall be considered a nuisance. If any person discharges
17 sewage or industrial wastes or other wastes into any waters
18 contrary to the orders of the Board of Trustees, the sanitary
19 district, acting through the District Director, has the power
20 to commence an action or proceeding in the Circuit Court in
21 and for the county in which such sanitary district is located
22 for the purpose of having the discharge stopped either by
23 mandamus or injunction.
24 The Court shall specify a time, not exceeding 20 days
25 after the service of the copy of the Petition, in which the
26 party complained of must answer the Petition, and in the
27 meantime, the party may be restrained. In case of default in
28 answer or after answer, the Court shall immediately inquire
29 into the facts and circumstances of the case and enter any
30 appropriate judgment order in respect to the matters
31 complained of. An appeal may be taken from the final
32 judgment in the same manner and with the same effect as
33 appeals are taken from judgments of the Circuit Court in
34 other actions for mandamus or injunction.
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1 (11) The Board of Trustees or any member thereof, or any
2 officer or employee designated by such Board, may conduct the
3 hearing and take the evidence provided for in paragraph (8)
4 of this Section, and transmit a report of the evidence and
5 hearing, together with recommendations, to the Board of
6 Trustees for action thereon.
7 At any public hearing, testimony must be taken under oath
8 and recorded stenographically. The transcript so recorded
9 must be made available to any member of the public or any
10 party to the hearing upon payment of the usual charges
11 therefor.
12 In any such hearing, the Board, or the designated member
13 or members, or any officer or employee of the District
14 designated by the Board, may subpoena and compel the
15 attendance of witnesses and the production of evidence
16 reasonably necessary to the resolution of the matter under
17 consideration. The Board, or the designated member or
18 members, or any officer or employee of the District
19 designated by the Board, shall issue such subpoenas upon the
20 request of any party to a Show Cause Hearing under paragraph
21 (8) of this Section or upon its own Motion, and may examine
22 witnesses.
23 (12) The provisions of the Administrative Review Law,
24 and the rules adopted pursuant thereto, apply to and govern
25 all proceedings for the judicial review of final
26 administrative decisions of the Board of Trustees hereunder.
27 The term "administrative decision" is defined as in Section
28 3-101 of the Code of Civil Procedure.
29 (13) Whoever violates any provisions of this Act or
30 fails to comply with an order of the Board of Trustees in
31 accordance with the provisions of this Act shall be fined not
32 less than $100 nor more than $1,000. Each day's continuance
33 of such violation or failure is a separate offense. The
34 penalties provided in this Section plus reasonable attorney's
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1 fees, court costs and other expenses of litigation are
2 recoverable by the sanitary district upon its suit, as debts
3 are recoverable at law.
4 (Source: P.A. 83-1525; revised 12-18-97.)
5 Section 71. The Metropolitan Water Reclamation District
6 Act is amended by changing Sections 3.1, 5.7, 8a, and 19a as
7 follows:
8 (70 ILCS 2605/3.1) (from Ch. 42, par. 322.1)
9 Sec. 3.1. EPA Director. The Director of the
10 Environmental Protection Agency or his or her appointee may
11 attend, and participate in, meetings of the Metropolitan
12 Water Reclamation Sanitary District of Greater Chicago, but
13 he or she who shall have no vote at such meetings.
14 (Source: P.A. 76-2438; revised 1-15-98.)
15 (70 ILCS 2605/5.7) (from Ch. 42, par. 324q)
16 Sec. 5.7. The board of trustees of the district shall
17 consider the budget estimates as submitted to it by the
18 general superintendent and may add to, revise, alter,
19 increase or decrease the items contained in the budget.
20 However, in no event may the total aggregate proposed
21 expenditures in the budget exceed the total estimated means
22 of financing the budget.
23 The board of trustees shall, before January first of the
24 budget year, adopt the budget which is effective on January
25 first of the budget year. The appropriation ordinance and tax
26 levy ordinance must be parts of the budget and must be
27 adopted as a part thereof by single action of the board of
28 trustees. The appropriation ordinance must be filed with and
29 be a part of the tax levy ordinance, which tax levy ordinance
30 need not contain any further or additional specifications of
31 purposes, itemizations or details for which appropriations
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1 and the levy are made. The board of trustees shall
2 appropriate such sums of money as may be necessary to defray
3 all necessary expenses and liabilities of the district to be
4 paid by the board of trustees or incurred during and until
5 the time of the adoption and effective date of the next
6 annual appropriation ordinance under this Section. The board
7 of trustees shall appropriate such sums of money as may be
8 necessary to pay the principal and interest on bonds. The
9 board may not expend any money or incur any indebtedness or
10 liability on behalf of the district in excess of the
11 percentage and several amounts limited by law, when applied
12 to the last known assessment. The appropriation ordinance
13 must specify the several funds, organization units, objects,
14 character and functions (activities) for which such
15 appropriations are made, and the amount appropriated for each
16 fund, organization unit, object, character, and function
17 (activity). The receipts of the district as estimated in the
18 budget and as provided for by the tax levy ordinances and
19 other revenues and borrowing Acts or ordinances are
20 applicable in the amounts and according to the funds
21 specified in the budget for the purpose of meeting the
22 expenditures authorized by the appropriate ordinance. The
23 vote of the board of trustees upon the budget shall be taken
24 by yeas and nays, and shall be entered in the proceedings of
25 the board of trustees.
26 The appropriation ordinance may be amended at the next
27 regular meeting of the board of trustees occurring before
28 January first of the budget year and not less than 5 days
29 after the passage thereof in like manner as other ordinances.
30 If any items of appropriations contained therein are vetoed
31 by the president of the board, with recommendations for
32 alterations or changes therein, the adoption of such
33 recommendations by a yea and nay vote is the equivalent of an
34 amendment of such annual appropriation ordinance with like
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1 effect as if an amendatory ordinance had been passed.
2 Such appropriation ordinance together with other parts of
3 the budget as the board of trustees desire must be published
4 in a newspaper of general circulation in the district and
5 made conveniently available for inspection by the public.
6 Such publication must be made after the date of passage of
7 such budget and before January 20 of the budget year, but the
8 date of publication does not affect the legality of the
9 appropriation ordinance or the tax levy ordinance or any
10 other ordinances necessary to give effect to the budget.
11 Such ordinances are effective on the first day of January of
12 the budget year.
13 The Clerk shall certify that such appropriation ordinance
14 as published is a true, accurate and complete copy of the
15 appropriation ordinance as passed and approved by the board
16 of trustees. The board of trustees shall also make public, by
17 publication or otherwise, at this time, the tax rate
18 necessary or estimated to be necessary to finance the budget
19 as adopted.
20 After adoption of the appropriation ordinance, the board
21 of trustees may not make any further or other appropriation
22 prior to the adoption or passage of the next succeeding
23 annual appropriation ordinance. The board has no power,
24 either directly or indirectly, to make any contract or to
25 take any action which adds to the total of district
26 expenditures or liabilities in any budget year any sum over
27 and above the amount provided for in the annual appropriation
28 ordinance for the budget year. However, the board of
29 trustees has the power, anything in this Act to the contrary
30 notwithstanding, if after the adoption of the appropriation
31 ordinance (1) federal or State grants or loans are accepted,
32 (2) the voters approve a bond ordinance for a particular
33 purpose or the issuance of bonds is otherwise authorized by
34 law, or (3) duly authorized bonds of the district remaining
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1 unissued and unsold have been cancelled and any ordinance has
2 been adopted by the board of trustees under Section 9 of this
3 Act authorizing the issuance of bonds not exceeding in the
4 aggregate the amount of bonds so cancelled, to pass a
5 supplemental appropriation ordinance (in compliance with the
6 provisions of this Act as to publication and voting thereon
7 by the board of trustees) making appropriation, for the
8 particular purpose only as set forth in the ordinance, of the
9 proceeds of the grants, loans, or bond issue or any part
10 thereof required to be expended during the fiscal year.
11 However, nothing herein contained prevents the board of
12 trustees, by a concurring vote of two-thirds of all the
13 trustees (votes to be taken by yeas and nays and entered in
14 the proceeding of the board of trustees), from making any
15 expenditures or incurring any liability rendered necessary to
16 meet emergencies such as epidemics, flood, fire, unforeseen
17 damages or other catastrophes catastrophies, happening after
18 the annual appropriation ordinance has been passed or
19 adopted,. nor does anything herein deprive the board of
20 trustees of the power to provide for and cause to be paid
21 from the district funds any charge upon the district imposed
22 by law without the action of the board of trustees.
23 (Source: P.A. 87-364; revised 6-27-97.)
24 (70 ILCS 2605/8a) (from Ch. 42, par. 327a)
25 Sec. 8a. The Sanitary District, in addition to the other
26 powers vested in it, is empowered, with the approval of the
27 Department of Natural Resources as successor to the
28 Department of Transportation and the Department of Purchases
29 and Construction of the State of Illinois, through its
30 Director, to remise, release, quit claim, grant, convey and
31 transfer all its right, title and interest in and to any and
32 all lands, tenements and hereditaments and in and to any and
33 all property, including structures, of every kind and nature
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1 or rights to or in, under, over and adjoining the Main
2 Channel, Main Channel Extension, Calumet-Sag Channel and the
3 North Shore Channel of the Sanitary District and for
4 improvements made by the Sanitary District in, under, over
5 and adjoining the Chicago River, the Calumet River, the Des
6 Plaines DesPlaines River and tributaries thereto, and any and
7 all other land, property or structures of the Sanitary
8 District, to the United States of America, the State of
9 Illinois, the County of Cook or/and any Municipal
10 Corporation, upon such terms as may be mutually agreed upon
11 by the Sanitary District and the United States of America,
12 the State of Illinois, the County of Cook or/and any
13 Municipal Corporation; and the Board of Trustees of the
14 Sanitary District is empowered to and may authorize the doing
15 of all things and acts, and the execution of such documents
16 and instruments and adopt such resolutions and ordinances in
17 connection therewith that may be required, and the provisions
18 of this Section 8a shall constitute complete authority for
19 the performance of all acts herein provided without reference
20 to other laws and shall be construed as conferring powers in
21 addition to, but not limiting, powers granted under other
22 existing laws.
23 Provided that The proceeds derived from any such sale or
24 transfer to the United States of America shall, unless
25 Congress shall otherwise provide, be used only for paying the
26 costs of controlling works in the Chicago River, the
27 completion, construction and enlargement of sewage treatment
28 works, and additions therefor, pumping stations, tunnels,
29 conduits and intercepting sewers connecting therewith, and
30 outlet sewers, together with the equipment and appurtenances
31 necessary thereto, and for the acquisition of the sites and
32 rights of way necessary thereto, and for engineering expenses
33 for designing and supervising the construction of the works
34 above described, which works are made necessary by the decree
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1 of the Supreme Court of the United States in the consolidated
2 cases entitled "Wisconsin et al. v. The State of Illinois and
3 The Sanitary District of Chicago", numbers 7, 11 and 12
4 original.;
5 Provided, however, that Any excess of the proceeds, not
6 required for the cost of construction of the works made
7 necessary by the decree, may be used for the construction of
8 sewage disposal plants and equipment thereof, pumping
9 stations, and intercepting sewers and appurtenances thereto,
10 the acquisition of sites and easements therefor and the
11 expense of design and supervision of the construction
12 thereof.
13 (Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)
14 (70 ILCS 2605/19a) (from Ch. 42, par. 340)
15 Sec. 19a. No person shall be an incompetent judge or
16 juror by reason of his being an inhabitant or or owner or
17 life tenant of real estate in any sanitary district formed
18 under the provisions hereof in any action in which such
19 sanitary district may be a party in interest.
20 (Source: P.A. 84-551; revised 6-27-97.)
21 Section 72. The Sanitary District Act of 1936 is amended
22 by changing Sections 1 and 4.1 as follows:
23 (70 ILCS 2805/1) (from Ch. 42, par. 412)
24 Sec. 1. Incorporation; referendum.
25 (a) Any area of contiguous territory within the limits
26 of a single county and without the limits of any city,
27 village or incorporated town, may be incorporated as a
28 sanitary district under this Act in the manner provided in
29 this Section. following:
30 (b) Any 20% of the legal voters residing, resident
31 within the limits of the such proposed sanitary district, may
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1 petition the Circuit Court in the county in which the
2 proposed district is situated, to cause to be submitted to
3 the legal voters of the such proposed sanitary district the
4 question of as to whether the such proposed territory shall
5 be organized as a sanitary district under this Act. The Such
6 petition shall be addressed to the Circuit Court and shall
7 contain a definite description of the boundaries of the
8 territory to be embraced in the such district, and the name
9 of the such proposed sanitary district.
10 (c) Upon filing of the such petition in the office of
11 the circuit clerk in the county in which the such proposed
12 sanitary district is situated, it shall be the duty of the
13 Circuit Court shall to name 3 judges of the such court who
14 shall constitute a board of commissioners, which shall have
15 power and authority to consider the boundaries of the such
16 proposed sanitary district and whether the such boundaries
17 shall be as described in the such petition or otherwise. The
18 decision of 2 two of the such commissioners shall be
19 conclusive and shall not be subject to review in any manner,
20 directly or indirectly.
21 (d) Notice shall be given by the Circuit Court of the
22 time and place where the such commissioners will meet, by a
23 publication of such notice at least 20 days prior to the such
24 meeting in one or more daily or weekly newspapers published
25 in the such proposed district or and, if no such newspaper is
26 published in the such proposed district, then by the posting
27 of at least 5 five copies of the such notice in the such
28 proposed district at least 20 days before the such hearing.
29 (e) At the such meeting all persons who reside resident
30 in the such proposed district shall have an opportunity to be
31 heard and to make suggestions regarding touching the location
32 and boundary of the such proposed district and to make
33 suggestions regarding the same. The Such commissioners,
34 after hearing statements, evidence and suggestions, shall fix
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1 and determine the boundaries of the such proposed district,
2 and for that purpose and to that extent they, may alter and
3 amend the such petition. After the such determination by the
4 commissioners, or a majority of them, their determination
5 shall be incorporated in an order, which shall be entered of
6 record in the Circuit Court.
7 (f) Upon the entering of the such order, the Circuit
8 Court shall certify the the question of the organization and
9 establishment of the proposed sanitary district, with the
10 boundaries as determined by the commissioners, to the
11 appropriate election authorities who shall submit the
12 question at an election in accordance with the general
13 election law. In addition to the requirements of the general
14 election law, notice shall specify briefly the purpose of the
15 such election, with a description of the such proposed
16 sanitary district.
17 (g) Each legal voter resident within the such proposed
18 sanitary district shall have the right to cast a ballot at
19 the such referendum. The question shall be in substantially
20 the following form:
21 -------------------------------------------------------------
22 For Sanitary District
23 -------------------------------------------------------------
24 Against Sanitary District
25 -------------------------------------------------------------
26 (h) The Circuit Court shall cause a statement of the
27 result of the such referendum to be entered of record in the
28 Circuit Court. If a majority of the votes cast upon the
29 question of the organization and establishment of the
30 proposed sanitary district shall be in favor of the
31 organization and establishment of the proposed sanitary
32 district, the such proposed sanitary district shall
33 thenceforth be deemed to have been incorporated and to be an
34 organized sanitary district under this Act.
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1 (Source: P.A. 83-343; revised 6-27-97.)
2 (70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
3 Sec. 4.1. The board of trustees of any sanitary district
4 may arrange to provide for the benefit of employees and
5 trustees of the sanitary district group life, health,
6 accident, hospital and medical insurance, or any one or any
7 combination of such types of insurance. Such insurance may
8 include provision for employees and trustees who rely on
9 treatment by prayer or spiritual means alone for healing in
10 accordance with the tenets and practice of a well recognized
11 religious denomination. The board of trustees may provide
12 for payment by the sanitary district of the premium or charge
13 for such insurance.
14 If the board of trustees do not provide for a plan
15 pursuant to which the sanitary district pays the premium or
16 charge for any group insurance plan, the board of trustees
17 may provide for the withholding and deducting from the
18 compensation of such of the employees and trustees as consent
19 thereto the premium or charge for any group life, health,
20 accident, hospital and medical insurance.
21 The board of trustees may exercise the powers granted in
22 this section only if the kinds of such group insurance are
23 obtained from any insurance company authorized to do business
24 in the State of Illinois, or any non-profit hospital service
25 corporation organized under the provisions of the Non-profit
26 Hospital Service Plan Act, as heretofore and hereafter
27 amended, or incorporated under the provisions of the Medical
28 Service Plan Act, as heretofore and hereafter amended, or any
29 other organization or service offering similar coverage. The
30 board of trustees may enact an ordinance prescribing the
31 method of operations of such insurance program.
32 (Source: Laws 1963, p. 2754; revised 1-21-98.)
HB1268 Enrolled -464- LRB9000999EGfg
1 Section 73. The Metro East Solid Waste Disposal and
2 Energy Producing Service Act is amended by changing Section 1
3 as follows:
4 (70 ILCS 3110/1) (from Ch. 111 1/2, par. 7101)
5 Sec. 1. Finding and Purpose. For the benefit of the
6 People of this State, the increase of their commerce, welfare
7 and prosperity, and the improvement of their health and
8 living conditions, it is essential that provision be made for
9 the efficient collection and disposal of waste on a district
10 basis from both public and private sources in compliance with
11 State and federal laws, regulations, and policies and for the
12 generation of energy and the recovery of usable resources
13 form such waste to the extent practicable. It is the purpose
14 of this Act to assist certain participating political
15 subdivisions of this State, other public entities and the
16 private sector of the economy to provide adequate waste
17 disposal facilities and facilities for the generation of
18 steam, electricity, or other forms of energy from fuels which
19 are derived from or are otherwise related to waste disposal
20 facilities by providing a coordinating agency and a financing
21 vehicle for such facilities. It is the purpose of this Act
22 to assist the participating municipalities to effect waste
23 disposal programs on a district basis and to that end this
24 Act provides for the creation of the Metro East Solid
25 Disposal and Energy Producing Service. It is the intention
26 and purpose of this Act that, without in any way limiting the
27 discretion of the Service, the Service and the Environmental
28 Protection Agency are to cooperate to the maximum extent
29 practicable in effecting a district waste disposal and energy
30 generating program to service. the participating
31 municipalities.
32 (Source: P.A. 84-1320; revised 12-18-97.)
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1 Section 74. The Surface Water Protection District Act is
2 amended by changing Section 19 as follows:
3 (70 ILCS 3405/19) (from Ch. 42, par. 466)
4 Sec. 19. Bonds. Any surface water protection district
5 may borrow money for its corporate purposes and may issue
6 bonds therefor, but shall not become indebted in any manner,
7 or for any purpose, in to an amount exceeding, in the
8 aggregate, to exceed 5% of the valuation of taxable property
9 therein, to be ascertained by the last equalized assessment
10 for State and county taxes previous to the incurring of such
11 indebtedness. Whenever the board of trustees of the such
12 district desires to issue bonds under this Section it
13 hereunder they shall, except as otherwise provided in Section
14 20a, certify the question to to the proper election
15 officials, who shall submit the question at an election in
16 accordance with the general election law. The result of the
17 referendum shall be entered upon the records of the district.
18 If a majority of the votes on the question are in favor of
19 the issuance issue of bonds, the board of trustees shall
20 order and direct the execution of the bonds for and on behalf
21 of the district. All bonds issued hereunder shall mature in
22 not exceeding 20 annual installments. The ballots for
23 elections held under this Section shall be in substantially
24 the following form:
25 -------------------------------------------------------------
26 Shall .... Surface Water YES
27 Protection District issue bonds ------------------------
28 in the amount of .... dollars? NO
29 -------------------------------------------------------------
30 (Source: P.A. 81-1489; revised 6-27-97.)
31 Section 75. The Water Authorities Act is amended by
32 changing Section 2 as follows:
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1 (70 ILCS 3715/2) (from Ch. 111 2/3, par. 224)
2 Sec. 2. The court shall canvass the returns of the
3 election and by written order shall determine and declare the
4 result thereof within the territory that shall be described
5 in the order, which order shall be entered of record in the
6 the court. If a majority of the votes cast upon the question
7 shall be in favor of the same, the order shall declare the
8 territory a duly organized water authority and a body
9 corporate and politic. In case the territory of the proposed
10 authority is situated in more than one county, then the court
11 shall cause a certified copy of the order to be filed with
12 the circuit clerk of each of the such other county or
13 counties, who shall cause the same to be filed of record in
14 their respective courts.
15 (Source: P.A. 83-343; revised 6-27-97.)
16 Section 76. The Illinois Local Library Act is amended by
17 changing Section 5-9 as follows:
18 (75 ILCS 5/5-9) (from Ch. 81, par. 5-9)
19 Sec. 5-9. Nothing in this Article 5 shall be construed as
20 limiting or affecting in any way the powers of boards of
21 trustees of township libraries under the Township Library
22 Bond Act "An Act to enable boards of of public libraries to
23 borrow money for the erection or improvement of library
24 buildings or to purchase library sites", approved May 18,
25 1905, as heretofore and hereafter amended.
26 (Source: P.A. 84-770; revised 6-27-97.)
27 Section 77. The School Code is amended by setting forth
28 and renumbering multiple versions of Section 2-3.120 and
29 changing Sections 2-3.25g, 9-11.2, 10-10, 10-22.3a, 10-22.31,
30 17-2.2c, 18-8, and 18-8.05 as follows:
HB1268 Enrolled -467- LRB9000999EGfg
1 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
2 Sec. 2-3.25g. Waiver or modification of mandates within
3 the School Code and administrative rules and regulations.
4 Notwithstanding any other provisions of this School Code or
5 any other law of this State to the contrary, school districts
6 may petition the State Board of Education for the waiver or
7 modification of the mandates of this School Code or of the
8 administrative rules and regulations promulgated by the State
9 Board of Education. Waivers or modifications of
10 administrative rules and regulations and modifications of
11 mandates of this School Code may be requested when a school
12 district demonstrates that it can address the intent of the
13 rule or mandate in a more effective, efficient, or economical
14 manner or when necessary to stimulate innovation or improve
15 student performance. Waivers of mandates of the School Code
16 may be requested when the waivers are necessary to stimulate
17 innovation or improve student performance. Waivers may not
18 be requested from laws, rules, and regulations pertaining to
19 special education, teacher certification, or teacher tenure
20 and seniority.
21 School districts, as a matter of inherent managerial
22 policy, and any Independent Authority established under
23 Section 2-3.25f may submit an application for a waiver or
24 modification authorized under this Section. Each application
25 must include a written request by the school district or
26 Independent Authority and must demonstrate that the intent of
27 the mandate can be addressed in a more effective, efficient,
28 or economical manner or be based upon a specific plan for
29 improved student performance and school improvement. Any
30 district requesting a waiver or modification for the reason
31 that intent of the mandate can be addressed in a more
32 economical manner shall include in the application a fiscal
33 analysis showing current expenditures on the mandate and
34 projected savings resulting from the waiver or modification.
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1 Applications and plans developed by school districts must be
2 approved by each board of education following a public
3 hearing on the application and plan and the opportunity for
4 the board to hear testimony from educators directly involved
5 in its implementation, parents, and students. The public
6 hearing must be preceded by at least one published notice
7 occurring at least 7 days prior to the hearing in a newspaper
8 of general circulation within the school district that sets
9 forth the time, date, place, and general subject matter of
10 the hearing. The school district must notify in writing the
11 affected exclusive collective bargaining agent of the
12 district's intent to seek approval of a waiver or
13 modification and of the hearing to be held to take testimony
14 from educators. The affected exclusive collective bargaining
15 agents shall be notified of such public hearing at least 7
16 days prior to the date of the hearing and shall be allowed to
17 attend such public hearing.
18 A request for a waiver or modification of administrative
19 rules and regulations or for a modification of mandates
20 contained in this School Code shall be submitted to the State
21 Board of Education within 15 days after approval by the board
22 of education. Following receipt of the request, the State
23 Board shall have 45 days to review the application and
24 request. If the State Board fails to disapprove the
25 application within that 45 day period, the waiver or
26 modification shall be deemed granted. The State Board may
27 disapprove any request if it is not based upon sound
28 educational practices, endangers the health or safety of
29 students or staff, compromises equal opportunities for
30 learning, or fails to demonstrate that the intent of the rule
31 or mandate can be addressed in a more effective, efficient,
32 or economical manner or have improved student performance as
33 a primary goal. Any request disapproved by the State Board
34 may be appealed to the General Assembly by the requesting
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1 school district as outlined in this Section.
2 A request for a waiver from mandates contained in this
3 School Code shall be submitted to the State Board within 15
4 days after approval by the board of education. The State
5 Board shall review the applications and requests for
6 completeness and shall compile the requests in reports to be
7 filed with the General Assembly. The State Board shall file
8 reports outlining the waivers requested by school districts
9 and appeals by school districts of requests disapproved by
10 the State Board with the Senate and the House of
11 Representatives before each May 1 and October 1. The General
12 Assembly may disapprove the report of the State Board in
13 whole or in part within 30 calendar days after each house of
14 the General Assembly next convenes after the report is filed
15 by adoption of a resolution by a record vote of the majority
16 of members elected in each house. If the General Assembly
17 fails to disapprove any waiver request or appealed request
18 within such 30 day period, the waiver or modification shall
19 be deemed granted. Any resolution adopted by the General
20 Assembly disapproving a report of the State Board in whole or
21 in part shall be binding on the State Board.
22 An approved waiver or modification may remain in effect
23 for a period not to exceed 5 school years and may be renewed
24 upon application by the school district. However, such waiver
25 or modification may be changed within that 5-year period by a
26 local school district board following the procedure as set
27 forth in this Section for the initial waiver or modification
28 request. If neither the State Board of Education nor the
29 General Assembly disapproves, the change is deemed granted.
30 On or before February 1, 1998, and each year thereafter,
31 the State Board of Education shall submit a cumulative report
32 summarizing all types of waiver mandates and modifications of
33 mandates granted by the State Board or the General Assembly.
34 The report shall identify the topic of the waiver along with
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1 the number and percentage of school districts for which the
2 waiver has been granted. The report shall also include any
3 recommendations from the State Board regarding the repeal or
4 of modification of waived mandates.
5 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
6 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
7 (105 ILCS 5/2-3.120)
8 Sec. 2-3.120. Non-Public school students' access to
9 technology.
10 (a) The General Assembly finds and declares that the
11 Constitution of the State of Illinois provides that a
12 "fundamental goal of the People of the State is the
13 educational development of all persons to the limit of their
14 capacities", and that the educational development of every
15 school student serves the public purposes of the State. In
16 order to enable Illinois students to leave school with the
17 basic skills and knowledge that will enable them to find and
18 hold jobs and otherwise function as productive members of
19 society in the 21st Century, all students must have access to
20 the vast educational resources provided by computers. The
21 provisions of this Section are in the public interest, for
22 the public benefit, and serve a secular public purpose.
23 (b) The State Board of Education shall provide
24 non-public schools with ports to the Board's statewide
25 educational network, provided that this access does not
26 diminish the services available to public schools and
27 students. The State Board of Education shall charge for this
28 access in an amount necessary to offset its cost. Amounts
29 received by the State Board of Education under this Section
30 shall be deposited in the School Technology Revolving Fund as
31 described in Section 2-3.121. The statewide network may be
32 used only for secular educational purposes.
33 (c) For purposes of this Section, a non-public school
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1 means: (i) any non-profit, non-public college; or (ii) any
2 non-profit, non-home-based, non-public elementary or
3 secondary school that is in compliance with Title VI of the
4 Civil Rights Act of 1964 and attendance at which satisfies
5 the requirements of Section 26-1 of the School Code.
6 (Source: P.A. 90-463, eff. 8-17-97; 90-566, eff. 1-2-98.)
7 (105 ILCS 5/2-3.123)
8 Sec. 2-3.123. 2-3.120. Giant Steps pilot program. From
9 appropriations made for purposes of this Section, the State
10 Board of Education shall implement and administer a Giant
11 Steps pilot program for the study and evaluation of autism
12 and to provide related teacher training. The program shall
13 be operated over a period of 3 school years, beginning with
14 the 1997-1998 school year. The State Board of Education is
15 authorized to make grants to school districts that apply to
16 participate in the Giant Steps program as implemented and
17 administered by the State Board of Education. The State
18 Board of Education shall by rule provide the form of
19 application and criteria to be used and applied in selecting
20 participating school districts.
21 (Source: P.A. 90-498, eff. 8-18-97; revised 11-19-97.)
22 (105 ILCS 5/2-3.125)
23 Sec. 2-3.125. 2-3.120. Arts and humanities organizations
24 and cultural institutions. The State Board of Education is
25 authorized to reimburse not-for-profit arts and humanities
26 organizations and cultural institutions of Illinois,
27 including but not limited to, museums and theater or dance
28 companies, for the costs of providing educational programs to
29 public elementary and secondary school students.
30 (Source: P.A. 90-361, eff. 1-1-98; revised 1-12-98.)
31 (105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
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1 Sec. 9-11.2. For all school districts electing
2 candidates to a board of education in a manner other than at
3 large, candidates not elected at large who file nominating
4 petitions for a full term shall be grouped together by area
5 of residence as follows:
6 (1) by congressional townships, or
7 (2) according to incorporated or unincorporated areas,
8 or
9 (3) by affected school districts, if the form of ballot
10 prescribed by Format 2a or 2b of Section 9-12 is required to
11 be used for the election.
12 For all school districts electing candidates to a board
13 of education in a manner other than at large, candidates not
14 elected at large who file nominating petitions for an
15 unexpired term shall be grouped together by area of residence
16 as follows:
17 (1) by congressional townships, or
18 (2) according to incorporated or unincorporated areas,
19 or
20 (3) by affected school districts, if the form of ballot
21 prescribed by Format 2a or 2b of Section 9-12 is required to
22 be used for the election.
23 Except in those instances when the ballot under Format 5
24 of Section 9-12 is required to be used, candidate groupings
25 by area of residence for full terms shall precede the
26 candidate groupings by area of residence for unexpired terms
27 on the ballot. In all instances, however, the ballot order of
28 each candidate grouping shall be determined by the order of
29 petition filing or lottery held pursuant to Section 9-11.1 in
30 the following manner:
31 The area of residence of the candidate determined to be
32 first by order of petition filing or by lottery shall be
33 listed first among the candidate groupings on the ballot.
34 All other candidates from the same area of residence will
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1 follow according to order of petition filing or the lottery.
2 The area of residence of the candidate determined to be
3 second by the order of petition filing or the lottery shall
4 be listed second among the candidate groupings on the ballot.
5 All other candidates from the same area of residence will
6 follow according to the order of petition filing or the
7 lottery. The ballot order of additional candidate groupings
8 by area of residence shall be established in a like manner.
9 In any school district that elects its board members
10 according to area of residence and that has one or more
11 unexpired terms to be filled at an election, the winner or
12 winners of the unexpired term or terms shall be determined
13 first and independently of those running for full terms. The
14 winners of the full terms shall then be determined taking
15 into consideration the areas of residence of those elected to
16 fill the unexpired term or terms.
17 "Area of Residence" means congressional township,
18 incorporated and unincorporated territories, and, if the form
19 of ballot prescribed by Format 2a or 2b of Section 9-12 is
20 required to be used in electing candidates to a board of
21 education, affected school districts.
22 "Affected school district" means either of the 2 entire
23 elementary school districts that are formed into a combined
24 school district established as provided in subsection (a-5)
25 of Section 11B-7.
26 (Source: P.A. 89-579, eff. 7-30-96; 90-59, eff. 7-3-97;
27 90-459, eff. 8-17-97; revised 11-14-97.)
28 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
29 Sec. 10-10. Board of education; Term; Vacancy. All
30 school districts having a population of not fewer than 1,000
31 and not more than 500,000 inhabitants, as ascertained by any
32 special or general census, and not governed by special Acts,
33 shall be governed by a board of education consisting of 7
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1 members, serving without compensation except as herein
2 provided. Each member shall be elected for a term of 4 years
3 except as otherwise provided in subsection (a-5) of Section
4 11B-7 for the initial members of the board of education of a
5 combined school district to which that subsection applies. If
6 5 members are elected in 1983 pursuant to the extension of
7 terms provided by law for transition to the consolidated
8 election schedule under the general election law, 2 of those
9 members shall be elected to serve terms of 2 years and 3
10 shall be elected to serve terms of 4 years; their successors
11 shall serve for a 4 year term. When the voters of a district
12 have voted to elect members of the board of education for 6
13 year terms, as provided in Section 9-5, the terms of office
14 of members of the board of education of that district expire
15 when their successors assume office but not later than 7 days
16 after such election. If at the regular school election held
17 in the first odd-numbered year after the determination to
18 elect members for 6 year terms 2 members are elected, they
19 shall serve for a 6 year term; and of the members elected at
20 the next regular school election 3 shall serve for a term of
21 6 years and 2 shall serve a term of 2 years. Thereafter
22 members elected in such districts shall be elected to a 6
23 year term. If at the regular school election held in the
24 first odd-numbered year after the determination to elect
25 members for 6 year terms 3 members are elected, they shall
26 serve for a 6 year term; and of the members elected at the
27 next regular school election 2 shall serve for a term of 2
28 years and 2 shall serve for a term of 6 years. Thereafter
29 members elected in such districts shall be elected to a 6
30 year term. If at the regular school election held in the
31 first odd-numbered year after the determination to elect
32 members for 6 year terms 4 members are elected, 3 shall serve
33 for a term of 6 years and one shall serve for a term of 2
34 years; and of the members elected at the next regular school
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1 election 2 shall serve for terms of 6 years and 2 shall serve
2 for terms of 2 years. Thereafter members elected in such
3 districts shall be elected to a 6 year term. If at the
4 regular school election held in the first odd-numbered year
5 after the determination to elect members for a 6 year term 5
6 members are elected, 3 shall serve for a term of 6 years and
7 2 shall serve for a term of 2 years; and of the members
8 elected at the next regular school election 2 shall serve for
9 terms of 6 years and 2 shall serve for terms of 2 years.
10 Thereafter members elected in such districts shall be elected
11 to a 6 year term. An election for board members shall not be
12 held in school districts which by consolidation, annexation
13 or otherwise shall cease to exist as a school district within
14 6 six months after the election date, and the term of all
15 board members which would otherwise terminate shall be
16 continued until such district shall cease to exist. Each
17 member shall, on the date of his election, be a citizen of
18 the United States of the age of 18 years or over, a resident
19 of the State and the territory of the district for at least
20 one year immediately preceding his election, a registered
21 voter as provided in the general election law, and shall not
22 be a school trustee or a school treasurer. When the board of
23 education is the successor of the school directors, all
24 rights of property, and all rights regarding causes of action
25 existing or vested in such directors, shall vest in it as
26 fully as they were vested in the school directors. Terms of
27 members are subject to Section 2A-54 of the Election Code.
28 Nomination papers filed under this Section are not valid
29 unless the candidate named therein files with the secretary
30 of the board of education or with a person designated by the
31 board to receive nominating petitions a receipt from the
32 county clerk showing that the candidate has filed a statement
33 of economic interests as required by the Illinois
34 Governmental Ethics Act. Such receipt shall be so filed
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1 either previously during the calendar year in which his
2 nomination papers were filed or within the period for the
3 filing of nomination papers in accordance with the general
4 election law.
5 Whenever a vacancy occurs, the remaining members shall
6 notify the regional superintendent of that vacancy within 5
7 days after its occurrence and shall proceed to fill the
8 vacancy until the next regular school election, at which
9 election a successor shall be elected to serve the remainder
10 of the unexpired term. However, if the vacancy occurs with
11 less than 868 days remaining in the term, or if the vacancy
12 occurs less than 88 days before the next regularly scheduled
13 election for this office then the person so appointed shall
14 serve the remainder of the unexpired term, and no election to
15 fill the vacancy shall be held. Should they fail so to act,
16 within 45 days after the vacancy occurs, the regional
17 superintendent of schools under whose supervision and control
18 the district is operating, as defined in Section 3-14.2 of
19 this Act, shall within 30 days after the remaining members
20 have failed to fill the vacancy, fill the vacancy as provided
21 for herein. Upon the regional superintendent's failure to
22 fill the vacancy, the vacancy shall be filled at the next
23 regularly scheduled election. Whether elected or appointed
24 by the remaining members or regional superintendent, the
25 successor shall be an inhabitant of the particular area from
26 which his or her predecessor was elected if the residential
27 requirements contained in Section 11A-8, 11B-7, or 12-2 of
28 this Act apply.
29 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96;
30 90-358, eff. 1-1-98; 90-459, eff. 8-17-97; revised 11-14-97.)
31 (105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
32 Sec. 10-22.3a. To provide for or to participate in
33 provisions for insurance protection and benefits for its
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1 employees and their dependents including but not limited to
2 retirement annuities, medical, surgical and hospitalization
3 benefits in such types and amounts, if any, as shall be
4 determined by the board, for the purpose of aiding in
5 securing and retaining the services of competent employees.
6 Where employee participation in such provisions is involved,
7 the board, with the consent of the employee, may withhold
8 deductions from the employee's salary necessary to defray the
9 employee's share of such insurance costs. Such insurance or
10 benefits may be contracted for only with an insurance company
11 authorized to do business in this State, or any non-profit
12 hospital service corporation organized under the non-profit
13 Hospital Service Plan Act or incorporated under the Medical
14 Service Plan Act. Such insurance may include provisions for
15 employees and their dependents who rely on treatment by
16 prayer or spiritual means alone for healing, in accordance
17 with the tenets and practice of a recognized religious
18 denomination.
19 For purposes of this Section, the term "dependent" means
20 an employee's spouse and any unmarried child (1) under the
21 age of 19 years including (a) an adopted child and (b) a
22 step-child or recognized child who lives with the employee in
23 a regular parent-child relationship, or (2) under the age of
24 23 who is enrolled as a full-time student in any accredited
25 school, college or university.
26 (Source: P. A. 76-26; revised 1-21-98.)
27 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
28 Sec. 10-22.31. Special education.
29 (a) To enter into joint agreements with other school
30 boards to provide the needed special educational facilities
31 and to employ a director and other professional workers as
32 defined in Section 14-1.10 and to establish facilities as
33 defined in Section 14-1.08 for the types of children
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1 described in Sections 14-1.02 through 14-1.07. The director
2 (who may be employed under a multi-year contract as provided
3 in subsection (c) of this Section) and other professional
4 workers may be employed by one district, which shall be
5 reimbursed on a mutually agreed basis by other districts that
6 are parties to the joint agreement. Such agreements may
7 provide that one district may supply professional workers for
8 a joint program conducted in another district. Such
9 agreement shall provide that any full-time school
10 psychologist who is employed by a joint agreement program and
11 spends over 50% of his or her time in one school district
12 shall not be required to work a different teaching schedule
13 than the other school psychologists in that district. Such
14 agreement shall include, but not be limited to, provisions
15 for administration, staff, programs, financing, housing,
16 transportation, an advisory body, and for the withdrawal of
17 districts from the joint agreement. Except as otherwise
18 provided in Section 10-22.31.1, the withdrawal of districts
19 from the joint agreement shall be by petition to the regional
20 board of school trustees. Such agreement may be amended at
21 any time as provided in the joint agreement or, if the joint
22 agreement does not so provide, then such agreement may be
23 amended at any time upon the adoption of concurring
24 resolutions by the school boards of all member districts. A
25 fully executed copy of any such agreement or amendment
26 entered into on or after January 1, 1989 shall be filed with
27 the State Board of Education. Such petitions for withdrawal
28 shall be made to the regional board of school trustees of all
29 counties having jurisdiction over one or more of the
30 districts in the joint agreement. Upon receipt of a petition
31 for withdrawal, the regional boards of school trustees having
32 jurisdiction over the cooperating districts shall publish
33 notice of and conduct a joint hearing on the issue as
34 provided in Section 7-6. No such petition may be considered,
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1 however, unless in compliance with Section 7-8. If approved
2 by a 2/3 vote of all trustees of those regional boards, at a
3 joint meeting, the withdrawal takes effect as provided in
4 Section 7-9 of this Act.
5 (b) To either (1) designate an administrative district
6 to act as fiscal and legal agent for the districts that are
7 parties to the joint agreement, or (2) designate a governing
8 board composed of one member of the school board of each
9 cooperating district and designated by such boards to act in
10 accordance with the joint agreement. No such governing board
11 may levy taxes and no such governing board may incur any
12 indebtedness except within an annual budget for the joint
13 agreement approved by the governing board and by the boards
14 of at least a majority of the cooperating school districts or
15 a number of districts greater than a majority if required by
16 the joint agreement. If more than 17 school districts are
17 parties to the joint agreement, the governing board may
18 appoint an executive board of at least 7 members to
19 administer the joint agreement in accordance with its terms.
20 However, if 20 school districts, a majority of which are
21 located wholly or partially in a county with a population in
22 excess of 3,000,000 inhabitants, are parties to a joint
23 agreement that does not have an administrative district: (i)
24 at least a majority of the members appointed by the governing
25 board to the executive board shall be members of the school
26 boards of the cooperating districts; and (ii) if the
27 governing board wishes to appoint members who are not school
28 board members, they shall be superintendents from the
29 cooperating districts.
30 (c) To employ a director of a joint agreement program
31 under a multi-year contract. No such contract can be offered
32 or accepted for less than or more than 3 years, except for a
33 person serving as a director of a special education joint
34 agreement for the first time in Illinois. In such a case,
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1 the initial contract shall be for a 2 year period. Such
2 contract may be discontinued at any time by mutual agreement
3 of the contracting parties, or may be extended for an
4 additional 3 years at the end of any year.
5 The contract year is July 1 through the following June
6 30th, unless the contract specifically provides otherwise.
7 Notice of intent not to renew a contract when given by a
8 controlling board or administrative district must be in
9 writing stating the specific reason therefor. Notice of
10 intent not to renew the contract must be given by the
11 controlling board or the administrative district at least 90
12 days before the contract expires. Failure to do so will
13 automatically extend the contract for one additional year.
14 By accepting the terms of the multi-year contract, the
15 director of a special education joint agreement waives all
16 rights granted under Sections 24-11 through 24-16 for the
17 duration of his or her employment as a director of a special
18 education joint agreement.
19 (d) To designate a district that is a party to the joint
20 agreement as the issuer of bonds or notes for the purposes
21 and in the manner provided in this Section. It is not
22 necessary for such district to also be the administrative
23 district for the joint agreement, nor is it necessary for the
24 same district to be designated as the issuer of all series of
25 bonds or notes issued hereunder. Any district so designated
26 may, from time to time, borrow money and, in evidence of its
27 obligation to repay the borrowing, issue its negotiable bonds
28 or notes for the purpose of acquiring, constructing,
29 altering, repairing, enlarging and equipping any building or
30 portion thereof, together with any land or interest therein,
31 necessary to provide special educational facilities and
32 services as defined in Section 14-1.08. Title in and to any
33 such facilities shall be held in accordance with the joint
34 agreement.
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1 Any such bonds or notes shall be authorized by a
2 resolution of the board of education of the issuing district.
3 The resolution may contain such covenants as may be deemed
4 necessary or advisable by the district to assure the payment
5 of the bonds or notes. The resolution shall be effective
6 immediately upon its adoption.
7 Prior to the issuance of such bonds or notes, each school
8 district that is a party to the joint agreement shall agree,
9 whether by amendment to the joint agreement or by resolution
10 of the board of education, to be jointly and severally liable
11 for the payment of the bonds and notes. The bonds or notes
12 shall be payable solely and only from the payments made
13 pursuant to such agreement.
14 Neither the bonds or notes nor the obligation to pay the
15 bonds or notes under any joint agreement shall constitute an
16 indebtedness of any district, including the issuing district,
17 within the meaning of any constitutional or statutory
18 limitation.
19 As long as any bonds or notes are outstanding and unpaid,
20 the agreement by a district to pay the bonds and notes shall
21 be irrevocable notwithstanding the district's withdrawal from
22 membership in the joint special education program.
23 (e) If a district whose employees are on strike was,
24 prior to the strike, sending students with disabilities to
25 special educational facilities and services in another
26 district or cooperative, the district affected by the strike
27 shall continue to send such students during the strike and
28 shall be eligible to receive appropriate State reimbursement.
29 (f) With respect to those joint agreements that have a
30 governing board composed of one member of the school board of
31 each cooperating district and designated by those boards to
32 act in accordance with the joint agreement, the governing
33 board shall have, in addition to its other powers under this
34 Section, the authority to issue bonds or notes for the
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1 purposes and in the manner provided in this subsection. The
2 governing board of the joint agreement may from time to time
3 borrow money and, in evidence of its obligation to repay the
4 borrowing, issue its negotiable bonds or notes for the
5 purpose of acquiring, constructing, altering, repairing,
6 enlarging and equipping any building or portion thereof,
7 together with any land or interest therein, necessary to
8 provide special educational facilities and services as
9 defined in Section 14-1.08 and including also facilities for
10 activities of administration and educational support
11 personnel employees. Title in and to any such facilities
12 shall be held in accordance with the joint agreement.
13 Any such bonds or notes shall be authorized by a
14 resolution of the governing board. The resolution may
15 contain such covenants as may be deemed necessary or
16 advisable by the governing board to assure the payment of the
17 bonds or notes and interest accruing thereon. The resolution
18 shall be effective immediately upon its adoption.
19 Each school district that is a party to the joint
20 agreement shall be automatically liable, by virtue of its
21 membership in the joint agreement, for its proportionate
22 share of the principal amount of the bonds and notes plus
23 interest accruing thereon, as provided in the resolution.
24 Subject to the joint and several liability hereinafter
25 provided for, the resolution may provide for different
26 payment schedules for different districts except that the
27 aggregate amount of scheduled payments for each district
28 shall be equal to its proportionate share of the debt service
29 in the bonds or notes based upon the fraction that its
30 equalized assessed valuation bears to the total equalized
31 assessed valuation of all the district members of the joint
32 agreement as adjusted in the manner hereinafter provided. In
33 computing that fraction the most recent available equalized
34 assessed valuation at the time of the issuance of the bonds
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1 and notes shall be used, and the equalized assessed valuation
2 of any district maintaining grades K to 12 shall be doubled
3 in both the numerator and denominator of the fraction used
4 for all of the districts that are members of the joint
5 agreement. In case of default in payment by any member, each
6 school district that is a party to the joint agreement shall
7 automatically be jointly and severally liable for the amount
8 of any deficiency. The bonds or notes and interest thereon
9 shall be payable solely and only from the funds made
10 available pursuant to the procedures set forth in this
11 subsection. No project authorized under this subsection may
12 require an annual contribution for bond payments from any
13 member district in excess of 0.15% of the value of taxable
14 property as equalized or assessed by the Department of
15 Revenue in the case of districts maintaining grades K-8 or
16 9-12 and 0.30% of the value of taxable property as equalized
17 or assessed by the Department of Revenue in the case of
18 districts maintaining grades K-12. This limitation on taxing
19 authority is expressly applicable to taxing authority
20 provided under Section 17-9 and other applicable Sections of
21 this Act. Nothing contained in this subsection shall be
22 construed as an exception to the property tax limitations
23 contained in Section 17-2, 17-2.2a, 17-5, or any other
24 applicable Section of this Act.
25 Neither the bonds or notes nor the obligation to pay the
26 bonds or notes under any joint agreement shall constitute an
27 indebtedness of any district within the meaning of any
28 constitutional or statutory limitation.
29 As long as any bonds or notes are outstanding and unpaid,
30 the obligation of a district to pay its proportionate share
31 of the principal of and interest on the bonds and notes as
32 required in this Section shall be a general obligation of the
33 district payable from any and all sources of revenue
34 designated for that purpose by the board of education of the
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1 district and shall be irrevocable notwithstanding the
2 district's withdrawal from membership in the joint special
3 education program.
4 (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
5 89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
6 8-22-97; revised 11-13-97.)
7 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
8 Sec. 17-2.2c. Tax for leasing educational facilities or
9 computer technology or both, and for temporary relocation
10 expense purposes. The school board of any district may, by
11 proper resolution, may levy an annual tax, in addition to any
12 other taxes and not subject to the limitations specified
13 elsewhere in this Article, not to exceed .05% upon the value
14 of the taxable property as equalized or assessed by the
15 Department of Revenue, for the purpose of leasing educational
16 facilities or computer technology or both, and, in order to
17 repay the State all moneys distributed to it for temporary
18 relocation expenses of the district, may levy an annual tax
19 not to exceed .05% upon the value of the taxable property as
20 equalized or assessed by the Department of Revenue for a
21 period not to exceed 7 years for the purpose of providing for
22 the repayment of moneys distributed for temporary relocation
23 expenses of the school district pursuant to Section 2-3.77.
24 The tax rate limit specified by this Section with respect
25 to an annual tax levied for the purpose of leasing
26 educational facilities or computer technology or both may be
27 increased to .10% upon the approval of a proposition to
28 effect such increase by a majority of the electors voting on
29 that proposition at a regular scheduled election. Such
30 proposition may be initiated by resolution of the school
31 board and shall be certified by the secretary to the proper
32 election authorities for submission in accordance with the
33 general election law.
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1 The district is authorized to pledge any tax levied
2 pursuant to this Section for the purpose of leasing
3 educational facilities or computer technology or both to
4 secure the payment of any lease, lease-purchase agreement, or
5 installment purchase agreement entered into by the district
6 for such purpose.
7 For the purposes of this Section, "leasing of educational
8 facilities or computer technology or both" includes any
9 payment with respect to a lease, lease-purchase agreement, or
10 installment purchase agreement to acquire or use buildings,
11 rooms, grounds, and appurtenances to be used by the district
12 for the use of schools or for school administration purposes
13 and all equipment, fixtures, renovations, and improvements to
14 existing facilities of the district necessary to accommodate
15 computers, as well as computer hardware and software.
16 Any school district may abolish or abate its fund for
17 leasing educational facilities or computer technology or both
18 and for temporary relocation expense purposes upon the
19 adoption of a resolution so providing and upon a
20 determination by the school board that the moneys in the fund
21 are no longer needed for leasing educational facilities or
22 computer technology or both or for temporary relocation
23 expense purposes. The resolution shall direct the transfer
24 of any balance in the fund to another school district fund or
25 funds immediately upon the resolution taking effect.
26 Thereafter, any outstanding taxes of the school district
27 levied pursuant to this Section shall be collected and paid
28 into the fund or funds as directed by the school board.
29 Nothing in this Section shall prevent a school district that
30 has abolished or abated the fund from again creating a fund
31 for leasing educational facilities and for temporary
32 relocation expense purposes in the manner provided in this
33 Section.
34 (Source: P.A. 89-106, eff. 7-7-95; 90-97, eff. 7-11-97;
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1 90-464, eff. 8-17-97; revised 11-17-97.)
2 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
3 (Section scheduled to be repealed on July 1, 1998)
4 Sec. 18-8. Basis for apportionment to districts,
5 laboratory schools and alternative schools.
6 A. The amounts to be apportioned for school years prior
7 to the 1998-1999 school year shall be determined for each
8 educational service region by school districts, as follows:
9 1. General Provisions.
10 (a) In the computation of the amounts to be apportioned,
11 the average daily attendance of all pupils in grades 9
12 through 12 shall be multiplied by 1.25. The average daily
13 attendance of all pupils in grades 7 and 8 shall be
14 multiplied by 1.05.
15 (b) The actual number of pupils in average daily
16 attendance shall be computed in a one-teacher school district
17 by dividing the total aggregate days of pupil attendance by
18 the actual number of days school is in session but not more
19 than 30 such pupils shall be accredited for such type of
20 district; and in districts of 2 or more teachers, or in
21 districts where records of attendance are kept by session
22 teachers, by taking the sum of the respective averages of the
23 units composing the group.
24 (c) Pupils in average daily attendance shall be computed
25 upon the average of the best 3 months of pupils attendance of
26 the current school year except as district claims may be
27 later amended as provided hereinafter in this Section.
28 However, for any school district maintaining grades
29 kindergarten through 12, the "average daily attendance" shall
30 be computed on the average of the best 3 months of pupils
31 attendance of the current year in grades kindergarten through
32 8, added together with the average of the best 3 months of
33 pupils attendance of the current year in grades 9 through 12,
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1 except as district claims may be later amended as provided in
2 this Section. Days of attendance shall be kept by regular
3 calendar months, except any days of attendance in August
4 shall be added to the month of September and any days of
5 attendance in June shall be added to the month of May.
6 Except as otherwise provided in this Section, days of
7 attendance by pupils shall be counted only for sessions of
8 not less than 5 clock hours of school work per day under
9 direct supervision of: (i) teachers, or (ii) non-teaching
10 personnel or volunteer personnel when engaging in
11 non-teaching duties and supervising in those instances
12 specified in subsection (a) of Section 10-22.34 and paragraph
13 10 of Section 34-18, with pupils of legal school age and in
14 kindergarten and grades 1 through 12.
15 (d) Pupils regularly enrolled in a public school for
16 only a part of the school day may be counted on the basis of
17 1/6 day for every class hour of instruction of 40 minutes or
18 more attended pursuant to such enrollment.
19 (e) Days of attendance may be less than 5 clock hours on
20 the opening and closing of the school term, and upon the
21 first day of pupil attendance, if preceded by a day or days
22 utilized as an institute or teachers' workshop.
23 (f) A session of 4 or more clock hours may be counted as
24 a day of attendance upon certification by the regional
25 superintendent, and approved by the State Superintendent of
26 Education to the extent that the district has been forced to
27 use daily multiple sessions.
28 (g) A session of 3 or more clock hours may be counted as
29 a day of attendance (1) when the remainder of the school day
30 or at least 2 hours in the evening of that day is utilized
31 for an in-service training program for teachers, up to a
32 maximum of 5 days per school year of which a maximum of 4
33 days of such 5 days may be used for parent-teacher
34 conferences, provided a district conducts an in-service
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1 training program for teachers which has been approved by the
2 State Superintendent of Education; or, in lieu of 4 such
3 days, 2 full days may be used, in which event each such day
4 may be counted as a day of attendance; and (2) when days in
5 addition to those provided in item (1) are scheduled by a
6 school pursuant to its school improvement plan adopted under
7 Article 34 or its revised or amended school improvement plan
8 adopted under Article 2, provided that (i) such sessions of 3
9 or more clock hours are scheduled to occur at regular
10 intervals, (ii) the remainder of the school days in which
11 such sessions occur are utilized for in-service training
12 programs or other staff development activities for teachers,
13 and (iii) a sufficient number of minutes of school work under
14 the direct supervision of teachers are added to the school
15 days between such regularly scheduled sessions to accumulate
16 not less than the number of minutes by which such sessions of
17 3 or more clock hours fall short of 5 clock hours. Any full
18 days used for the purposes of this paragraph shall not be
19 considered for computing average daily attendance. Days
20 scheduled for in-service training programs, staff development
21 activities, or parent-teacher conferences may be scheduled
22 separately for different grade levels and different
23 attendance centers of the district.
24 (h) A session of not less than one clock hour teaching
25 of hospitalized or homebound pupils on-site or by telephone
26 to the classroom may be counted as 1/2 day of attendance,
27 however these pupils must receive 4 or more clock hours of
28 instruction to be counted for a full day of attendance.
29 (i) A session of at least 4 clock hours may be counted
30 as a day of attendance for first grade pupils, and pupils in
31 full day kindergartens, and a session of 2 or more hours may
32 be counted as 1/2 day of attendance by pupils in
33 kindergartens which provide only 1/2 day of attendance.
34 (j) For children with disabilities who are below the age
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1 of 6 years and who cannot attend two or more clock hours
2 because of their disability or immaturity, a session of not
3 less than one clock hour may be counted as 1/2 day of
4 attendance; however for such children whose educational needs
5 so require a session of 4 or more clock hours may be counted
6 as a full day of attendance.
7 (k) A recognized kindergarten which provides for only
8 1/2 day of attendance by each pupil shall not have more than
9 1/2 day of attendance counted in any 1 day. However,
10 kindergartens may count 2 1/2 days of attendance in any 5
11 consecutive school days. Where a pupil attends such a
12 kindergarten for 2 half days on any one school day, such
13 pupil shall have the following day as a day absent from
14 school, unless the school district obtains permission in
15 writing from the State Superintendent of Education.
16 Attendance at kindergartens which provide for a full day of
17 attendance by each pupil shall be counted the same as
18 attendance by first grade pupils. Only the first year of
19 attendance in one kindergarten shall be counted except in
20 case of children who entered the kindergarten in their fifth
21 year whose educational development requires a second year of
22 kindergarten as determined under the rules and regulations of
23 the State Board of Education.
24 (l) Days of attendance by tuition pupils shall be
25 accredited only to the districts that pay the tuition to a
26 recognized school.
27 (m) The greater of the immediately preceding year's
28 weighted average daily attendance or the average of the
29 weighted average daily attendance of the immediately
30 preceding year and the previous 2 years shall be used.
31 For any school year beginning July 1, 1986 or thereafter,
32 if the weighted average daily attendance in either grades
33 kindergarten through 8 or grades 9 through 12 of a district
34 as computed for the first calendar month of the current
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1 school year exceeds by more than 5%, but not less than 25
2 pupils, the district's weighted average daily attendance for
3 the first calendar month of the immediately preceding year
4 in, respectively, grades kindergarten through 8 or grades 9
5 through 12, a supplementary payment shall be made to the
6 district equal to the difference in the amount of aid the
7 district would be paid under this Section using the weighted
8 average daily attendance in the district as computed for the
9 first calendar month of the current school year and the
10 amount of aid the district would be paid using the weighted
11 average daily attendance in the district for the first
12 calendar month of the immediately preceding year. Such
13 supplementary State aid payment shall be paid to the district
14 as provided in Section 18-8.4 and shall be treated as
15 separate from all other payments made pursuant to this
16 Section 18-8.
17 (n) The number of low income eligible pupils in a
18 district shall result in an increase in the weighted average
19 daily attendance calculated as follows: The number of low
20 income pupils shall increase the weighted ADA by .53 for each
21 student adjusted by dividing the percent of low income
22 eligible pupils in the district by the ratio of eligible low
23 income pupils in the State to the best 3 months' weighted
24 average daily attendance in the State. In no case may the
25 adjustment under this paragraph result in a greater weighting
26 than .625 for each eligible low income student. The number
27 of low income eligible pupils in a district shall be the
28 low-income eligible count from the most recently available
29 federal census and the weighted average daily attendance
30 shall be calculated in accordance with the other provisions
31 of this paragraph.
32 (o) Any school district which fails for any given school
33 year to maintain school as required by law, or to maintain a
34 recognized school is not eligible to file for such school
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1 year any claim upon the common school fund. In case of
2 nonrecognition of one or more attendance centers in a school
3 district otherwise operating recognized schools, the claim of
4 the district shall be reduced in the proportion which the
5 average daily attendance in the attendance center or centers
6 bear to the average daily attendance in the school district.
7 A "recognized school" means any public school which meets the
8 standards as established for recognition by the State Board
9 of Education. A school district or attendance center not
10 having recognition status at the end of a school term is
11 entitled to receive State aid payments due upon a legal claim
12 which was filed while it was recognized.
13 (p) School district claims filed under this Section are
14 subject to Sections 18-9, 18-10 and 18-12, except as herein
15 otherwise provided.
16 (q) The State Board of Education shall secure from the
17 Department of Revenue the value as equalized or assessed by
18 the Department of Revenue of all taxable property of every
19 school district together with the applicable tax rate used in
20 extending taxes for the funds of the district as of September
21 30 of the previous year. The Department of Revenue shall add
22 to the equalized assessed value of all taxable property of
23 each school district situated entirely or partially within a
24 county with 2,000,000 or more inhabitants an amount equal to
25 the total amount by which the homestead exemptions allowed
26 under Sections 15-170 and 15-175 of the Property Tax Code for
27 real property situated in that school district exceeds the
28 total amount that would have been allowed in that school
29 district as homestead exemptions under those Sections if the
30 maximum reduction under Section 15-170 of the Property Tax
31 Code was $2,000 and the maximum reduction under Section
32 15-175 of the Property Tax Code was $3,500. The county clerk
33 of any county with 2,000,000 or more inhabitants shall
34 annually calculate and certify to the Department for each
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1 school district all homestead exemption amounts required by
2 this amendatory Act of 1992. In a new district which has not
3 had any tax rates yet determined for extension of taxes, a
4 leveled uniform rate shall be computed from the latest amount
5 of the fund taxes extended on the several areas within such
6 new district.
7 (r) If a school district operates a full year school
8 under Section 10-19.1, the general state aid to the school
9 district shall be determined by the State Board of Education
10 in accordance with this Section as near as may be applicable.
11 2. New or recomputed claim. The general State aid
12 entitlement for a newly created school district or a district
13 which has annexed an entire school district shall be computed
14 using attendance, compensatory pupil counts, equalized
15 assessed valuation, and tax rate data which would have been
16 used had the district been in existence for 3 years. General
17 State aid entitlements shall not be recomputed except as
18 permitted herein.
19 3. Impaction. Impaction payments shall be made as
20 provided for in Section 18-4.2.
21 4. Summer school. Summer school payments shall be made
22 as provided in Section 18-4.3.
23 5. Computation of State aid. The State grant shall be
24 determined as follows:
25 (a) The State shall guarantee the amount of money that a
26 district's operating tax rate as limited in other Sections of
27 this Act would produce if every district maintaining grades
28 kindergarten through 12 had an equalized assessed valuation
29 equal to $74,791 per weighted ADA pupil; every district
30 maintaining grades kindergarten through 8 had an equalized
31 assessed valuation of $108,644 per weighted ADA pupil; and
32 every district maintaining grades 9 through 12 had an
33 equalized assessed valuation of $187,657 per weighted ADA
34 pupil. The State Board of Education shall adjust the
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1 equalized assessed valuation amounts stated in this
2 paragraph, if necessary, to conform to the amount of the
3 appropriation approved for any fiscal year.
4 (b) The operating tax rate to be used shall consist of
5 all district taxes extended for all purposes except community
6 college educational purposes for the payment of tuition under
7 Section 6-1 of the Public Community College Act, Bond and
8 Interest, Summer School, Rent, Capital Improvement and
9 Vocational Education Building. Any district may elect to
10 exclude Transportation from the calculation of its operating
11 tax rate. Districts may include taxes extended for the
12 payment of principal and interest on bonds issued under the
13 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
14 per year for each purpose or the actual rate extended,
15 whichever is less.
16 (c) For calculation of aid under this Act a district
17 shall use the combined authorized tax rates of all funds not
18 exempt in (b) above, not to exceed 2.76% of the value of all
19 its taxable property as equalized or assessed by the
20 Department of Revenue for districts maintaining grades
21 kindergarten through 12; 1.90% of the value of all its
22 taxable property as equalized or assessed by the Department
23 of Revenue for districts maintaining grades kindergarten
24 through 8 only; 1.10% of the value of all its taxable
25 property as equalized or assessed by the Department of
26 Revenue for districts maintaining grades 9 through 12 only.
27 A district may, however, as provided in Article 17, increase
28 its operating tax rate above the maximum rate provided in
29 this subsection without affecting the amount of State aid to
30 which it is entitled under this Act.
31 (d) (1) For districts maintaining grades kindergarten
32 through 12 with an operating tax rate as described in
33 subsections 5(b) and (c) of less than 2.18%, and districts
34 maintaining grades kindergarten through 8 with an operating
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1 tax rate of less than 1.28%, State aid shall be computed by
2 multiplying the difference between the guaranteed equalized
3 assessed valuation per weighted ADA pupil in subsection 5(a)
4 and the equalized assessed valuation per weighted ADA pupil
5 in the district by the operating tax rate, multiplied by the
6 weighted average daily attendance of the district; provided,
7 however, that for the 1989-1990 school year only, a school
8 district maintaining grades kindergarten through 8 whose
9 operating tax rate with reference to which its general State
10 aid for the 1989-1990 school year is determined is less than
11 1.28% and more than 1.090%, and which had an operating tax
12 rate of 1.28% or more for the previous year, shall have its
13 general State aid computed according to the provisions of
14 subsection 5(d)(2).
15 (2) For districts maintaining grades kindergarten
16 through 12 with an operating tax rate as described in
17 subsection 5(b) and (c) of 2.18% and above, the State aid
18 shall be computed as provided in subsection (d) (1) but as
19 though the district had an operating tax rate of 2.76%; in
20 K-8 districts with an operating tax rate of 1.28% and above,
21 the State aid shall be computed as provided in subsection (d)
22 (1) but as though the district had an operating tax rate of
23 1.90%; and in 9-12 districts, the State aid shall be computed
24 by multiplying the difference between the guaranteed
25 equalized assessed valuation per weighted average daily
26 attendance pupil in subsection 5(a) and the equalized
27 assessed valuation per weighted average daily attendance
28 pupil in the district by the operating tax rate, not to
29 exceed 1.10%, multiplied by the weighted average daily
30 attendance of the district. State aid computed under the
31 provisions of this subsection (d) (2) shall be treated as
32 separate from all other payments made pursuant to this
33 Section. The State Comptroller and State Treasurer shall
34 transfer from the General Revenue Fund to the Common School
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1 Fund the amounts necessary to permit these claims to be paid
2 in equal installments along with other State aid payments
3 remaining to be made for the 1983-1984 school year under this
4 Section.
5 (3) For any school district whose 1995 equalized
6 assessed valuation is at least 6% less than its 1994
7 equalized assessed valuation as the result of a reduction in
8 the equalized assessed valuation of the taxable property
9 within such district of any one taxpayer whose taxable
10 property within the district has a 1994 equalized assessed
11 valuation constituting at least 20% of the 1994 equalized
12 assessed valuation of all taxable property within the
13 district, the 1996-97 State aid of such district shall be
14 computed using its 1995 equalized assessed valuation.
15 (4) For any school district whose 1988 equalized
16 assessed valuation is 55% or less of its 1981 equalized
17 assessed valuation, the 1990-91 State aid of such district
18 shall be computed by multiplying the 1988 equalized assessed
19 valuation by a factor of .8. Any such school district which
20 is reorganized effective for the 1991-92 school year shall
21 use the formula provided in this subparagraph for purposes of
22 the calculation made pursuant to subsection (m) of this
23 Section.
24 (e) The amount of State aid shall be computed under the
25 provisions of subsections 5(a) through 5(d) provided the
26 equalized assessed valuation per weighted ADA pupil is less
27 than .87 of the amounts in subsection 5(a). If the equalized
28 assessed valuation per weighted ADA pupil is equal to or
29 greater than .87 of the amounts in subsection 5(a), the State
30 aid shall be computed under the provisions of subsection
31 5(f).
32 (f) If the equalized assessed valuation per weighted ADA
33 pupil is equal to or greater than .87 of the amounts in
34 subsection 5(a), the State aid per weighted ADA pupil shall
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1 be computed by multiplying the product of .13 times the
2 maximum per pupil amount computed under the provisions of
3 subsections 5(a) through 5(d) by an amount equal to the
4 quotient of .87 times the equalized assessed valuation per
5 weighted ADA pupil in subsection 5(a) for that type of
6 district divided by the district equalized valuation per
7 weighted ADA pupil except in no case shall the district
8 receive State aid per weighted ADA pupil of less than .07
9 times the maximum per pupil amount computed under the
10 provisions of subsections 5(a) through 5(d).
11 (g) In addition to the above grants, summer school
12 grants shall be made based upon the calculation as provided
13 in subsection 4 of this Section.
14 (h) The board of any district receiving any of the
15 grants provided for in this Section may apply those funds to
16 any fund so received for which that board is authorized to
17 make expenditures by law.
18 (i) (1) (a) In school districts with an average daily
19 attendance of 50,000 or more, the amount which is provided
20 under subsection 1(n) of this Section by the application of a
21 base Chapter 1 weighting factor of .375 shall be distributed
22 to the attendance centers within the district in proportion
23 to the number of pupils enrolled at each attendance center
24 who are eligible to receive free or reduced-price lunches or
25 breakfasts under the federal Child Nutrition Act of 1966 and
26 under the National School Lunch Act during the immediately
27 preceding school year. The amount of State aid provided
28 under subsection 1(n) of this Section by the application of
29 the Chapter 1 weighting factor in excess of .375 shall be
30 distributed to the attendance centers within the district in
31 proportion to the total enrollment at each attendance center.
32 Beginning with school year 1989-90, and each school year
33 thereafter, all funds provided under subsection 1 (n) of this
34 Section by the application of the Chapter 1 weighting factor
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1 which are in excess of the level of non-targeted Chapter 1
2 funds in school year 1988-89 shall be distributed to
3 attendance centers, and only to attendance centers, within
4 the district in proportion to the number of pupils enrolled
5 at each attendance center who are eligible to receive free or
6 reduced price lunches or breakfasts under the Federal Child
7 Nutrition Act and under the National School Lunch Act during
8 the immediately preceding school year. Beginning in school
9 year 1989-90, 25% of the previously non-targeted Chapter 1
10 funds as established for school year 1988-89 shall also be
11 distributed to the attendance centers, and only to attendance
12 centers, in the district in proportion to the number of
13 pupils enrolled at each attendance center who are eligible to
14 receive free or reduced price lunches or breakfasts under the
15 Federal Child Nutrition Act and under the National School
16 Lunch Act during the immediately preceding school year; in
17 school year 1990-91, 50% of the previously non-targeted
18 Chapter 1 funds as established for school year 1988-89 shall
19 be distributed to attendance centers, and only to attendance
20 centers, in the district in proportion to the number of
21 pupils enrolled at each attendance center who are eligible to
22 receive such free or reduced price lunches or breakfasts
23 during the immediately preceding school year; in school year
24 1991-92, 75% of the previously non-targeted Chapter 1 funds
25 as established for school year 1988-89 shall be distributed
26 to attendance centers, and only to attendance centers, in the
27 district in proportion to the number of pupils enrolled at
28 each attendance center who are eligible to receive such free
29 or reduced price lunches or breakfasts during the immediately
30 preceding school year; in school year 1992-93 and thereafter,
31 all funds provided under subsection 1 (n) of this Section by
32 the application of the Chapter 1 weighting factor shall be
33 distributed to attendance centers, and only to attendance
34 centers, in the district in proportion to the number of
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1 pupils enrolled at each attendance center who are eligible to
2 receive free or reduced price lunches or breakfasts under the
3 Federal Child Nutrition Act and under the National School
4 Lunch Act during the immediately preceding school year;
5 provided, however, that the distribution formula in effect
6 beginning with school year 1989-90 shall not be applicable to
7 such portion of State aid provided under subsection 1 (n) of
8 this Section by the application of the Chapter 1 weighting
9 formula as is set aside and appropriated by the school
10 district for the purpose of providing desegregation programs
11 and related transportation to students (which portion shall
12 not exceed 5% of the total amount of State aid which is
13 provided under subsection 1 (n) of this Section by
14 application of the Chapter 1 weighting formula), and the
15 relevant percentages shall be applied to the remaining
16 portion of such State aid. The distribution of these
17 portions of general State aid among attendance centers
18 according to these requirements shall not be compensated for
19 or contravened by adjustments of the total of other funds
20 appropriated to any attendance centers. (b) The Board of
21 Education shall utilize funding from one or several sources
22 in order to fully implement this provision annually prior to
23 the opening of school. The Board of Education shall apply
24 savings from reduced administrative costs required under
25 Section 34-43.1 and growth in non-Chapter 1 State and local
26 funds to assure that all attendance centers receive funding
27 to replace losses due to redistribution of Chapter 1 funding.
28 The distribution formula and funding to replace losses due to
29 the distribution formula shall occur, in full, using any and
30 all sources available, including, if necessary, revenue from
31 administrative reductions beyond those required in Section
32 34-43.1, in order to provide the necessary funds. (c) Each
33 attendance center shall be provided by the school district a
34 distribution of noncategorical funds and other categorical
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1 funds to which an attendance center is entitled under law in
2 order that the State aid provided by application of the
3 Chapter 1 weighting factor and required to be distributed
4 among attendance centers according to the requirements of
5 this paragraph supplements rather than supplants the
6 noncategorical funds and other categorical funds provided by
7 the school district to the attendance centers.
8 Notwithstanding the foregoing provisions of this subsection
9 5(i)(1) or any other law to the contrary, beginning with the
10 1995-1996 school year and for each school year thereafter,
11 the board of a school district to which the provisions of
12 this subsection apply shall be required to allocate or
13 provide to attendance centers of the district in any such
14 school year, from the State aid provided for the district
15 under this Section by application of the Chapter 1 weighting
16 factor, an aggregate amount of not less than $261,000,000 of
17 State Chapter 1 funds. Any State Chapter 1 funds that by
18 reason of the provisions of this paragraph are not required
19 to be allocated and provided to attendance centers may be
20 used and appropriated by the board of the district for any
21 lawful school purpose. Chapter 1 funds received by an
22 attendance center (except those funds set aside for
23 desegregation programs and related transportation to
24 students) shall be used on the schedule cited in this Section
25 at the attendance center at the discretion of the principal
26 and local school council for programs to improve educational
27 opportunities at qualifying schools through the following
28 programs and services: early childhood education, reduced
29 class size or improved adult to student classroom ratio,
30 enrichment programs, remedial assistance, attendance
31 improvement and other educationally beneficial expenditures
32 which supplement the regular and basic programs as determined
33 by the State Board of Education. Chapter 1 funds shall not
34 be expended for any political or lobbying purposes as defined
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1 by board rule. (d) Each district subject to the provisions of
2 this paragraph shall submit an acceptable plan to meet the
3 educational needs of disadvantaged children, in compliance
4 with the requirements of this paragraph, to the State Board
5 of Education prior to July 15 of each year. This plan shall
6 be consistent with the decisions of local school councils
7 concerning the school expenditure plans developed in
8 accordance with part 4 of Section 34-2.3. The State Board
9 shall approve or reject the plan within 60 days after its
10 submission. If the plan is rejected the district shall give
11 written notice of intent to modify the plan within 15 days of
12 the notification of rejection and then submit a modified plan
13 within 30 days after the date of the written notice of intent
14 to modify. Districts may amend approved plans pursuant to
15 rules promulgated by the State Board of Education.
16 Upon notification by the State Board of Education that
17 the district has not submitted a plan prior to July 15 or a
18 modified plan within the time period specified herein, the
19 State aid funds affected by said plan or modified plan shall
20 be withheld by the State Board of Education until a plan or
21 modified plan is submitted.
22 If the district fails to distribute State aid to
23 attendance centers in accordance with an approved plan, the
24 plan for the following year shall allocate funds, in addition
25 to the funds otherwise required by this subparagraph, to
26 those attendance centers which were underfunded during the
27 previous year in amounts equal to such underfunding.
28 For purposes of determining compliance with this
29 subsection in relation to Chapter 1 expenditures, each
30 district subject to the provisions of this subsection shall
31 submit as a separate document by December 1 of each year a
32 report of Chapter 1 expenditure data for the prior year in
33 addition to any modification of its current plan. If it is
34 determined that there has been a failure to comply with the
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1 expenditure provisions of this subsection regarding
2 contravention or supplanting, the State Superintendent of
3 Education shall, within 60 days of receipt of the report,
4 notify the district and any affected local school council.
5 The district shall within 45 days of receipt of that
6 notification inform the State Superintendent of Education of
7 the remedial or corrective action to be taken, whether by
8 amendment of the current plan, if feasible, or by adjustment
9 in the plan for the following year. Failure to provide the
10 expenditure report or the notification of remedial or
11 corrective action in a timely manner shall result in a
12 withholding of the affected funds.
13 The State Board of Education shall promulgate rules and
14 regulations to implement the provisions of this subsection
15 5(i)(1). No funds shall be released under subsection 1(n) of
16 this Section or under this subsection 5(i)(1) to any district
17 which has not submitted a plan which has been approved by the
18 State Board of Education.
19 (2) School districts with an average daily attendance of
20 more than 1,000 and less than 50,000 and having a low income
21 pupil weighting factor in excess of .53 shall submit a plan
22 to the State Board of Education prior to October 30 of each
23 year for the use of the funds resulting from the application
24 of subsection 1(n) of this Section for the improvement of
25 instruction in which priority is given to meeting the
26 education needs of disadvantaged children. Such plan shall
27 be submitted in accordance with rules and regulations
28 promulgated by the State Board of Education.
29 (j) For the purposes of calculating State aid under this
30 Section, with respect to any part of a school district within
31 a redevelopment project area in respect to which a
32 municipality has adopted tax increment allocation financing
33 pursuant to the Tax Increment Allocation Redevelopment Act,
34 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
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1 Municipal Code or the Industrial Jobs Recovery Law, Sections
2 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
3 no part of the current equalized assessed valuation of real
4 property located in any such project area which is
5 attributable to an increase above the total initial equalized
6 assessed valuation of such property shall be used in
7 computing the equalized assessed valuation per weighted ADA
8 pupil in the district, until such time as all redevelopment
9 project costs have been paid, as provided in Section
10 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
11 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
12 For the purpose of computing the equalized assessed valuation
13 per weighted ADA pupil in the district the total initial
14 equalized assessed valuation or the current equalized
15 assessed valuation, whichever is lower, shall be used until
16 such time as all redevelopment project costs have been paid.
17 (k) For a school district operating under the financial
18 supervision of an Authority created under Article 34A, the
19 State aid otherwise payable to that district under this
20 Section, other than State aid attributable to Chapter 1
21 students, shall be reduced by an amount equal to the budget
22 for the operations of the Authority as certified by the
23 Authority to the State Board of Education, and an amount
24 equal to such reduction shall be paid to the Authority
25 created for such district for its operating expenses in the
26 manner provided in Section 18-11. The remainder of State
27 school aid for any such district shall be paid in accordance
28 with Article 34A when that Article provides for a disposition
29 other than that provided by this Article.
30 (l) For purposes of calculating State aid under this
31 Section, the equalized assessed valuation for a school
32 district used to compute State aid shall be determined by
33 adding to the real property equalized assessed valuation for
34 the district an amount computed by dividing the amount of
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1 money received by the district under the provisions of "An
2 Act in relation to the abolition of ad valorem personal
3 property tax and the replacement of revenues lost thereby",
4 certified August 14, 1979, by the total tax rate for the
5 district. For purposes of this subsection 1976 tax rates
6 shall be used for school districts in the county of Cook and
7 1977 tax rates shall be used for school districts in all
8 other counties.
9 (m) (1) For a new school district formed by combining
10 property included totally within 2 or more previously
11 existing school districts, for its first year of existence or
12 if the new district was formed after October 31, 1982 and
13 prior to September 23, 1985, for the year immediately
14 following September 23, 1985, the State aid calculated under
15 this Section shall be computed for the new district and for
16 the previously existing districts for which property is
17 totally included within the new district. If the computation
18 on the basis of the previously existing districts is greater,
19 a supplementary payment equal to the difference shall be made
20 for the first 3 years of existence of the new district or if
21 the new district was formed after October 31, 1982 and prior
22 to September 23, 1985, for the 3 years immediately following
23 September 23, 1985.
24 (2) For a school district which annexes all of the
25 territory of one or more entire other school districts, for
26 the first year during which the change of boundaries
27 attributable to such annexation becomes effective for all
28 purposes as determined under Section 7-9 or 7A-8, the State
29 aid calculated under this Section shall be computed for the
30 annexing district as constituted after the annexation and for
31 the annexing and each annexed district as constituted prior
32 to the annexation; and if the computation on the basis of the
33 annexing and annexed districts as constituted prior to the
34 annexation is greater, a supplementary payment equal to the
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1 difference shall be made for the first 3 years of existence
2 of the annexing school district as constituted upon such
3 annexation.
4 (3) For 2 or more school districts which annex all of
5 the territory of one or more entire other school districts,
6 and for 2 or more community unit districts which result upon
7 the division (pursuant to petition under Section 11A-2) of
8 one or more other unit school districts into 2 or more parts
9 and which together include all of the parts into which such
10 other unit school district or districts are so divided, for
11 the first year during which the change of boundaries
12 attributable to such annexation or division becomes effective
13 for all purposes as determined under Section 7-9 or 11A-10,
14 as the case may be, the State aid calculated under this
15 Section shall be computed for each annexing or resulting
16 district as constituted after the annexation or division and
17 for each annexing and annexed district, or for each resulting
18 and divided district, as constituted prior to the annexation
19 or division; and if the aggregate of the State aid as so
20 computed for the annexing or resulting districts as
21 constituted after the annexation or division is less than the
22 aggregate of the State aid as so computed for the annexing
23 and annexed districts, or for the resulting and divided
24 districts, as constituted prior to the annexation or
25 division, then a supplementary payment equal to the
26 difference shall be made and allocated between or among the
27 annexing or resulting districts, as constituted upon such
28 annexation or division, for the first 3 years of their
29 existence. The total difference payment shall be allocated
30 between or among the annexing or resulting districts in the
31 same ratio as the pupil enrollment from that portion of the
32 annexed or divided district or districts which is annexed to
33 or included in each such annexing or resulting district bears
34 to the total pupil enrollment from the entire annexed or
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1 divided district or districts, as such pupil enrollment is
2 determined for the school year last ending prior to the date
3 when the change of boundaries attributable to the annexation
4 or division becomes effective for all purposes. The amount
5 of the total difference payment and the amount thereof to be
6 allocated to the annexing or resulting districts shall be
7 computed by the State Board of Education on the basis of
8 pupil enrollment and other data which shall be certified to
9 the State Board of Education, on forms which it shall provide
10 for that purpose, by the regional superintendent of schools
11 for each educational service region in which the annexing and
12 annexed districts, or resulting and divided districts are
13 located.
14 (4) If a unit school district annexes all the territory
15 of another unit school district effective for all purposes
16 pursuant to Section 7-9 on July 1, 1988, and if part of the
17 annexed territory is detached within 90 days after July 1,
18 1988, then the detachment shall be disregarded in computing
19 the supplementary State aid payments under this paragraph (m)
20 for the entire 3 year period and the supplementary State aid
21 payments shall not be diminished because of the detachment.
22 (5) Any supplementary State aid payment made under this
23 paragraph (m) shall be treated as separate from all other
24 payments made pursuant to this Section.
25 (n) For the purposes of calculating State aid under this
26 Section, the real property equalized assessed valuation for a
27 school district used to compute State aid shall be determined
28 by subtracting from the real property value as equalized or
29 assessed by the Department of Revenue for the district an
30 amount computed by dividing the amount of any abatement of
31 taxes under Section 18-170 of the Property Tax Code by the
32 maximum operating tax rates specified in subsection 5(c) of
33 this Section and an amount computed by dividing the amount of
34 any abatement of taxes under subsection (a) of Section 18-165
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1 of the Property Tax Code by the maximum operating tax rates
2 specified in subsection 5(c) of this Section.
3 (o) Notwithstanding any other provisions of this
4 Section, for the 1996-1997 school year the amount of the
5 aggregate general State aid entitlement that is received
6 under this Section by each school district for that school
7 year shall be not less than the amount of the aggregate
8 general State aid entitlement that was received by the
9 district under this Section for the 1995-1996 school year.
10 If a school district is to receive an aggregate general State
11 aid entitlement under this Section for the 1996-1997 school
12 year that is less than the amount of the aggregate general
13 State aid entitlement that the district received under this
14 Section for the 1995-1996 school year, the school district
15 shall also receive, from a separate appropriation made for
16 purposes of this paragraph (o), a supplementary payment that
17 is equal to the amount by which the general State aid
18 entitlement received by the district under this Section for
19 the 1995-1996 school year exceeds the general State aid
20 entitlement that the district is to receive under this
21 Section for the 1996-1997 school year.
22 Notwithstanding any other provisions of this Section, for
23 the 1997-1998 school year the amount of the aggregate general
24 State aid entitlement that is received under this Section by
25 each school district for that school year shall be not less
26 than the amount of the aggregate general State aid
27 entitlement that was received by the district under this
28 Section for the 1996-1997 school year. If a school district
29 is to receive an aggregate general State aid entitlement
30 under this Section for the 1997-1998 school year that is less
31 than the amount of the aggregate general State aid
32 entitlement that the district received under this Section for
33 the 1996-1997 school year, the school district shall also
34 receive, from a separate appropriation made for purposes of
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1 this paragraph (o), a supplementary payment that is equal to
2 the amount by which the general State aid entitlement
3 received by the district under this Section for the 1996-1997
4 school year exceeds the general State aid entitlement that
5 the district is to receive under this Section for the
6 1997-1998 school year.
7 If the amount appropriated for supplementary payments to
8 school districts under this paragraph (o) is insufficient for
9 that purpose, the supplementary payments that districts are
10 to receive under this paragraph shall be prorated according
11 to the aggregate amount of the appropriation made for
12 purposes of this paragraph.
13 (p) For the 1997-1998 school year only, a supplemental
14 general State aid grant shall be provided for school
15 districts in an amount equal to the greater of the result of
16 part (i) of this subsection or part (ii) of this subsection,
17 calculated as follows:
18 (i) The general State aid received by a school
19 district under this Section for the 1997-1998 school year
20 shall be added to the sum of (A) the result obtained by
21 multiplying the 1995 equalized valuation of all taxable
22 property in the district by the fixed calculation tax
23 rates of 3.0% for unit districts, 2.0% for elementary
24 districts and 1.0% for high school districts plus (B) the
25 aggregate corporate personal property replacement
26 revenues received by the district during the 1996-1997
27 school year. That aggregate amount determined under this
28 part (i) shall be divided by the average of the best 3
29 months of pupil attendance in the district for the
30 1996-1997 school year. If the result obtained by dividing
31 the aggregate amount determined under this part (i) by
32 the average of the best 3 months of pupil attendance in
33 the district is less than $3,600, the supplemental
34 general State aid grant for that district shall be equal
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1 to the amount determined by subtracting from $3,600 the
2 result obtained by dividing the aggregate amount
3 determined under this part (i) by the average of the best
4 3 months of pupil attendance in the district, and by
5 multiplying that difference by the average of the best 3
6 months of pupil attendance in the district for the
7 1996-1997 school year.
8 (ii) The general State aid received by a school
9 district under this Section for the 1997-1998 school year
10 shall be added to the sum of (A) the result obtained by
11 multiplying the 1995 equalized assessed valuation of all
12 taxable property in the district by the district's
13 applicable 1995 operating tax rate as defined in this
14 part (ii) plus (B) the aggregate corporate personal
15 property replacement revenues received by the district
16 during the 1996-1997 school year. That aggregate amount
17 shall be divided by the average of the best 3 months of
18 pupil attendance in the district for the 1996-1997 school
19 year. If the result obtained by dividing the aggregate
20 amount determined in this part (ii) by the average of the
21 best 3 months of pupil attendance in the district is less
22 than $4,100, the supplemental general State aid grant for
23 that district shall be equal to the amount determined by
24 subtracting from the $4,100 the result obtained by
25 dividing the aggregate amount determined in this part
26 (ii) by the average of the best 3 months of pupil
27 attendance in the district and by multiplying that
28 difference by the average of the best 3 months of pupil
29 attendance in the district for the 1996-1997 school year.
30 For the purposes of this part (ii), the "applicable 1995
31 operating tax rate" shall mean the following: (A) for
32 unit districts with operating tax rates of 3.00% or less,
33 elementary districts with operating tax rates of 2.00% or
34 less, and high school districts with operating tax rates
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1 of 1.00% or less, the applicable 1995 operating tax rate
2 shall be 3.00% for unit districts, 2.00% for elementary
3 districts, and 1.00% for high school districts; (B) for
4 unit districts with operating tax rates of 4.50% or more,
5 elementary districts with operating tax rates of 3.00% or
6 more, and high school districts with operating tax rates
7 of 1.85% or more, the applicable 1995 operating tax rate
8 shall be 4.50% for unit districts, 3.00% for elementary
9 districts, and 1.85% for high school districts; and (C)
10 for unit districts with operating tax rates of more than
11 3.00% and less than 4.50%, for elementary districts with
12 operating tax rates of more than 2.00% and less than
13 3.00%, and for high school districts with operating tax
14 rates of more than 1.00% and less than 1.85%, the
15 applicable 1995 operating tax rate shall be the
16 district's actual 1995 operating tax rate.
17 If the moneys appropriated in a separate line item by the
18 General Assembly to the State Board of Education for
19 supplementary payments required to be made and distributed to
20 school districts for the 1997-1998 school year under this
21 subsection 5(p) are insufficient, the amount of the
22 supplementary payments required to be made and distributed to
23 those school districts under this subsection shall abate
24 proportionately.
25 (p-5) For the 1997-98 school year only, a supplemental
26 general State aid grant shall be provided for school
27 districts based on the number of low-income eligible pupils
28 within the school district. For the purposes of this
29 subsection 5(p-5), "low-income eligible pupils" shall be the
30 low-income eligible pupil count from the most recently
31 available federal census. The supplemental general State aid
32 grant for each district shall be equal to the number of
33 low-income eligible pupils within that district multiplied by
34 $30.50. If the moneys appropriated in a separate line item
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1 by the General Assembly to the State Board of Education for
2 supplementary payments required to be made and distributed to
3 school districts for the 1997-98 school year under this
4 subsection 5(p-5) are insufficient, the amount of the
5 supplementary payments required to be made and distributed to
6 those districts under this subsection shall abate
7 proportionately.
8 B. In calculating the amount to be paid to the governing
9 board of a public university that operates a laboratory
10 school under this Section or to any alternative school that
11 is operated by a regional superintendent of schools, the
12 State Board of Education shall require by rule such reporting
13 requirements as it deems necessary.
14 As used in this Section, "laboratory school" means a
15 public school which is created and operated by a public
16 university and approved by the State Board of Education. The
17 governing board of a public university which receives funds
18 from the State Board under this subsection B may not increase
19 the number of students enrolled in its laboratory school from
20 a single district, if that district is already sending 50 or
21 more students, except under a mutual agreement between the
22 school board of a student's district of residence and the
23 university which operates the laboratory school. A
24 laboratory school may not have more than 1,000 students,
25 excluding students with disabilities in a special education
26 program.
27 As used in this Section, "alternative school" means a
28 public school which is created and operated by a Regional
29 Superintendent of Schools and approved by the State Board of
30 Education. Such alternative schools may offer courses of
31 instruction for which credit is given in regular school
32 programs, courses to prepare students for the high school
33 equivalency testing program or vocational and occupational
34 training. A regional superintendent of schools may contract
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1 with a school district or a public community college district
2 to operate an alternative school. An alternative school
3 serving more than one educational service region may be
4 operated under such terms as the regional superintendents of
5 schools of those educational service regions may agree.
6 Each laboratory and alternative school shall file, on
7 forms provided by the State Superintendent of Education, an
8 annual State aid claim which states the average daily
9 attendance of the school's students by month. The best 3
10 months' average daily attendance shall be computed for each
11 school. The weighted average daily attendance shall be
12 computed and the weighted average daily attendance for the
13 school's most recent 3 year average shall be compared to the
14 most recent weighted average daily attendance, and the
15 greater of the 2 shall be used for the calculation under this
16 subsection B. The general State aid entitlement shall be
17 computed by multiplying the school's student count by the
18 foundation level as determined under this Section.
19 C. This Section is repealed July 1, 1998.
20 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
21 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
22 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
23 7-1-97; 90-14, eff. 7-1-97; 90-548, eff. 12-4-97; 90-566,
24 eff. 1-2-98; revised 1-8-98.)
25 (105 ILCS 5/18-8.05)
26 (This Section may contain text from a Public Act with a
27 delayed effective date.)
28 Sec. 18-8.05. Basis for apportionment of general State
29 financial aid and supplemental general State aid to the
30 common schools for the 1998-1999 and subsequent school years.
31 (A) General Provisions.
32 (1) The provisions of this Section apply to the
33 1998-1999 and subsequent school years. The system of general
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1 State financial aid provided for in this Section is designed
2 to assure that, through a combination of State financial aid
3 and required local resources, the financial support provided
4 each pupil in Average Daily Attendance equals or exceeds a
5 prescribed per pupil Foundation Level. This formula approach
6 imputes a level of per pupil Available Local Resources and
7 provides for the basis to calculate a per pupil level of
8 general State financial aid that, when added to Available
9 Local Resources, equals or exceeds the Foundation Level. The
10 amount of per pupil general State financial aid for school
11 districts, in general, varies in inverse relation to
12 Available Local Resources. Per pupil amounts are based upon
13 each school district's Average Daily Attendance as that term
14 is defined in this Section.
15 (2) In addition to general State financial aid, school
16 districts with specified levels or concentrations of pupils
17 from low income households are eligible to receive
18 supplemental general State financial aid grants as provided
19 pursuant to subsection (H). The supplemental State aid grants
20 provided for school districts under subsection (H) shall be
21 appropriated for distribution to school districts as part of
22 the same line item in which the general State financial aid
23 of school districts is appropriated under this Section.
24 (3) To receive financial assistance under this Section,
25 school districts are required to file claims with the State
26 Board of Education, subject to the following requirements:
27 (a) Any school district which fails for any given
28 school year to maintain school as required by law, or to
29 maintain a recognized school is not eligible to file for
30 such school year any claim upon the Common School Fund.
31 In case of nonrecognition of one or more attendance
32 centers in a school district otherwise operating
33 recognized schools, the claim of the district shall be
34 reduced in the proportion which the Average Daily
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1 Attendance in the attendance center or centers bear to
2 the Average Daily Attendance in the school district. A
3 "recognized school" means any public school which meets
4 the standards as established for recognition by the State
5 Board of Education. A school district or attendance
6 center not having recognition status at the end of a
7 school term is entitled to receive State aid payments due
8 upon a legal claim which was filed while it was
9 recognized.
10 (b) School district claims filed under this Section
11 are subject to Sections 18-9, 18-10, and 18-12, except as
12 otherwise provided in this Section.
13 (c) If a school district operates a full year
14 school under Section 10-19.1, the general State aid to
15 the school district shall be determined by the State
16 Board of Education in accordance with this Section as
17 near as may be applicable.
18 (d) Claims for financial assistance under this
19 Section shall not be recomputed except as expressly
20 provided under this Section.
21 (4) Except as provided in subsections (H) and (L), the
22 board of any district receiving any of the grants provided
23 for in this Section may apply those funds to any fund so
24 received for which that board is authorized to make
25 expenditures by law.
26 School districts are not required to exert a minimum
27 Operating Tax Rate in order to qualify for assistance under
28 this Section.
29 (5) As used in this Section the following terms, when
30 capitalized, shall have the meaning ascribed herein:
31 (a) "Average Daily Attendance": A count of pupil
32 attendance in school, averaged as provided for in
33 subsection (C) and utilized in deriving per pupil
34 financial support levels.
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1 (b) "Available Local Resources": A computation of
2 local financial support, calculated on the basis Average
3 Daily Attendance and derived as provided pursuant to
4 subsection (D).
5 (c) "Corporate Personal Property Replacement
6 Taxes": Funds paid to local school districts pursuant to
7 "An Act in relation to the abolition of ad valorem
8 personal property tax and the replacement of revenues
9 lost thereby, and amending and repealing certain Acts and
10 parts of Acts in connection therewith", certified August
11 14, 1979, as amended (Public Act 81-1st S.S.-1).
12 (d) "Foundation Level": A prescribed level of per
13 pupil financial support as provided for in subsection
14 (B).
15 (e) "Operating Tax Rate": All school district
16 property taxes extended for all purposes, except
17 community college educational purposes for the payment of
18 tuition under Section 6-1 of the Public Community College
19 Act, Bond and Interest, Summer School, Rent, Capital
20 Improvement, and Vocational Education Building purposes.
21 (B) Foundation Level.
22 (1) The Foundation Level is a figure established by the
23 State representing the minimum level of per pupil financial
24 support that should be available to provide for the basic
25 education of each pupil in Average Daily Attendance. As set
26 forth in this Section, each school district is assumed to
27 exert a sufficient local taxing effort such that, in
28 combination with the aggregate of general State financial aid
29 provided the district, an aggregate of State and local
30 resources are available to meet the basic education needs of
31 pupils in the district.
32 (2) For the 1998-1999 school year, the Foundation Level
33 of support is $4,225. For the 1999-2000 school year, the
34 Foundation Level of support is $4,325. For the 2000-2001
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1 school year, the Foundation Level of support is $4,425.
2 (3) For the 2001-2002 school year and each school year
3 thereafter, the Foundation Level of support is $4,425 or such
4 greater amount as may be established by law by the General
5 Assembly.
6 (C) Average Daily Attendance.
7 (1) For purposes of calculating general State aid
8 pursuant to subsection (E), an Average Daily Attendance
9 figure shall be utilized. The Average Daily Attendance
10 figure for formula calculation purposes shall be the monthly
11 average of the actual number of pupils in attendance of each
12 school district, as further averaged for the best 3 months of
13 pupil attendance for each school district. In compiling the
14 figures for the number of pupils in attendance, school
15 districts and the State Board of Education shall, for
16 purposes of general State aid funding, conform attendance
17 figures to the requirements of subsection (F).
18 (2) The Average Daily Attendance figures utilized in
19 subsection (E) shall be the requisite attendance data for the
20 school year immediately preceding the school year for which
21 general State aid is being calculated.
22 (D) Available Local Resources.
23 (1) For purposes of calculating general State aid
24 pursuant to subsection (E), a representation of Available
25 Local Resources per pupil, as that term is defined and
26 determined in this subsection, shall be utilized. Available
27 Local Resources per pupil shall include a calculated dollar
28 amount representing local school district revenues from local
29 property taxes and from Corporate Personal Property
30 Replacement Taxes, expressed on the basis of pupils in
31 Average Daily Attendance.
32 (2) In determining a school district's revenue from
33 local property taxes, the State Board of Education shall
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1 utilize the equalized assessed valuation of all taxable
2 property of each school district as of September 30 of the
3 previous year. The equalized assessed valuation utilized
4 shall be obtained and determined as provided in subsection
5 (G).
6 (3) For school districts maintaining grades kindergarten
7 through 12, local property tax revenues per pupil shall be
8 calculated as the product of the applicable equalized
9 assessed valuation for the district multiplied by 3.00%, and
10 divided by the district's Average Daily Attendance figure.
11 For school districts maintaining grades kindergarten through
12 8, local property tax revenues per pupil shall be calculated
13 as the product of the applicable equalized assessed valuation
14 for the district multiplied by 2.30%, and divided by the
15 district's Average Daily Attendance figure. For school
16 districts maintaining grades 9 through 12, local property tax
17 revenues per pupil shall be the applicable equalized assessed
18 valuation of the district multiplied by 1.20%, and divided by
19 the district's Average Daily Attendance figure.
20 (4) The Corporate Personal Property Replacement Taxes
21 paid to each school district during the calendar year 2 years
22 before the calendar year in which a school year begins,
23 divided by the Average Daily Attendance figure for that
24 district, shall be added to the local property tax revenues
25 per pupil as derived by the application of the immediately
26 preceding paragraph (3). The sum of these per pupil figures
27 for each school district shall constitute Available Local
28 Resources as that term is utilized in subsection (E) in the
29 calculation of general State aid.
30 (E) Computation of General State Aid.
31 (1) For each school year, the amount of general State
32 aid allotted to a school district shall be computed by the
33 State Board of Education as provided in this subsection.
34 (2) For any school district for which Available Local
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1 Resources per pupil is less than the product of 0.93 times
2 the Foundation Level, general State aid for that district
3 shall be calculated as an amount equal to the Foundation
4 Level minus Available Local Resources, multiplied by the
5 Average Daily Attendance of the school district.
6 (3) For any school district for which Available Local
7 Resources per pupil is equal to or greater than the product
8 of 0.93 times the Foundation Level and less than the product
9 of 1.75 times the Foundation Level, the general State aid per
10 pupil shall be a decimal proportion of the Foundation Level
11 derived using a linear algorithm. Under this linear
12 algorithm, the calculated general State aid per pupil shall
13 decline in direct linear fashion from 0.07 times the
14 Foundation Level for a school district with Available Local
15 Resources equal to the product of 0.93 times the Foundation
16 Level, to 0.05 times the Foundation Level for a school
17 district with Available Local Resources equal to the product
18 of 1.75 times the Foundation Level. The allocation of
19 general State aid for school districts subject to this
20 paragraph 3 shall be the calculated general State aid per
21 pupil figure multiplied by the Average Daily Attendance of
22 the school district.
23 (4) For any school district for which Available Local
24 Resources per pupil equals or exceeds the product of 1.75
25 times the Foundation Level, the general State aid for the
26 school district shall be calculated as the product of $218
27 multiplied by the Average Daily Attendance of the school
28 district.
29 (F) Compilation of Average Daily Attendance.
30 (1) Each school district shall, by July 1 of each year,
31 submit to the State Board of Education, on forms prescribed
32 by the State Board of Education, attendance figures for the
33 school year that began in the preceding calendar year. The
34 attendance information so transmitted shall identify the
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1 average daily attendance figures for each month of the school
2 year, except that any days of attendance in August shall be
3 added to the month of September and any days of attendance in
4 June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 Days of attendance by tuition pupils shall be accredited
15 only to the districts that pay the tuition to a recognized
16 school.
17 (2) Days of attendance by pupils of less than 5 clock
18 hours of school shall be subject to the following provisions
19 in the compilation of Average Daily Attendance.
20 (a) Pupils regularly enrolled in a public school
21 for only a part of the school day may be counted on the
22 basis of 1/6 day for every class hour of instruction of
23 40 minutes or more attended pursuant to such enrollment.
24 (b) Days of attendance may be less than 5 clock
25 hours on the opening and closing of the school term, and
26 upon the first day of pupil attendance, if preceded by a
27 day or days utilized as an institute or teachers'
28 workshop.
29 (c) A session of 4 or more clock hours may be
30 counted as a day of attendance upon certification by the
31 regional superintendent, and approved by the State
32 Superintendent of Education to the extent that the
33 district has been forced to use daily multiple sessions.
34 (d) A session of 3 or more clock hours may be
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1 counted as a day of attendance (1) when the remainder of
2 the school day or at least 2 hours in the evening of that
3 day is utilized for an in-service training program for
4 teachers, up to a maximum of 5 days per school year of
5 which a maximum of 4 days of such 5 days may be used for
6 parent-teacher conferences, provided a district conducts
7 an in-service training program for teachers which has
8 been approved by the State Superintendent of Education;
9 or, in lieu of 4 such days, 2 full days may be used, in
10 which event each such day may be counted as a day of
11 attendance; and (2) when days in addition to those
12 provided in item (1) are scheduled by a school pursuant
13 to its school improvement plan adopted under Article 34
14 or its revised or amended school improvement plan adopted
15 under Article 2, provided that (i) such sessions of 3 or
16 more clock hours are scheduled to occur at regular
17 intervals, (ii) the remainder of the school days in which
18 such sessions occur are utilized for in-service training
19 programs or other staff development activities for
20 teachers, and (iii) a sufficient number of minutes of
21 school work under the direct supervision of teachers are
22 added to the school days between such regularly scheduled
23 sessions to accumulate not less than the number of
24 minutes by which such sessions of 3 or more clock hours
25 fall short of 5 clock hours. Any full days used for the
26 purposes of this paragraph shall not be considered for
27 computing average daily attendance. Days scheduled for
28 in-service training programs, staff development
29 activities, or parent-teacher conferences may be
30 scheduled separately for different grade levels and
31 different attendance centers of the district.
32 (e) A session of not less than one clock hour
33 teaching of hospitalized or homebound pupils on-site or
34 by telephone to the classroom may be counted as 1/2 day
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1 of attendance, however these pupils must receive 4 or
2 more clock hours of instruction to be counted for a full
3 day of attendance.
4 (f) A session of at least 4 clock hours may be
5 counted as a day of attendance for first grade pupils,
6 and pupils in full day kindergartens, and a session of 2
7 or more hours may be counted as 1/2 day of attendance by
8 pupils in kindergartens which provide only 1/2 day of
9 attendance.
10 (g) For children with disabilities who are below
11 the age of 6 years and who cannot attend 2 or more clock
12 hours because of their disability or immaturity, a
13 session of not less than one clock hour may be counted as
14 1/2 day of attendance; however for such children whose
15 educational needs so require a session of 4 or more clock
16 hours may be counted as a full day of attendance.
17 (h) A recognized kindergarten which provides for
18 only 1/2 day of attendance by each pupil shall not have
19 more than 1/2 day of attendance counted in any 1 day.
20 However, kindergartens may count 2 1/2 days of attendance
21 in any 5 consecutive school days. When a pupil attends
22 such a kindergarten for 2 half days on any one school
23 day, the pupil shall have the following day as a day
24 absent from school, unless the school district obtains
25 permission in writing from the State Superintendent of
26 Education. Attendance at kindergartens which provide for
27 a full day of attendance by each pupil shall be counted
28 the same as attendance by first grade pupils. Only the
29 first year of attendance in one kindergarten shall be
30 counted, except in case of children who entered the
31 kindergarten in their fifth year whose educational
32 development requires a second year of kindergarten as
33 determined under the rules and regulations of the State
34 Board of Education.
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1 (G) Equalized Assessed Valuation Data.
2 (1) For purposes of the calculation of Available Local
3 Resources required pursuant to subsection (D), the State
4 Board of Education shall secure from the Department of
5 Revenue the value as equalized or assessed by the Department
6 of Revenue of all taxable property of every school district
7 together with the applicable tax rate used in extending taxes
8 for the funds of the district as of September 30 of the
9 previous year.
10 This equalized assessed valuation, as adjusted further by
11 the requirements of this subsection, shall be utilized in the
12 calculation of Available Local Resources.
13 (2) The equalized assessed valuation in paragraph (1)
14 shall be adjusted, as applicable, in the following manner:
15 (a) For the purposes of calculating State aid under
16 this Section, with respect to any part of a school
17 district within a redevelopment project area in respect
18 to which a municipality has adopted tax increment
19 allocation financing pursuant to the Tax Increment
20 Allocation Redevelopment Act, Sections 11-74.4-1 through
21 11-74.4-11 of the Illinois Municipal Code or the
22 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
23 11-74.6-50 of the Illinois Municipal Code, no part of the
24 current equalized assessed valuation of real property
25 located in any such project area which is attributable to
26 an increase above the total initial equalized assessed
27 valuation of such property shall be used as part of the
28 equalized assessed valuation of the district, until such
29 time as all redevelopment project costs have been paid,
30 as provided in Section 11-74.4-8 of the Tax Increment
31 Allocation Redevelopment Act or in Section 11-74.6-35 of
32 the Industrial Jobs Recovery Law. For the purpose of the
33 equalized assessed valuation of the district, the total
34 initial equalized assessed valuation or the current
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1 equalized assessed valuation, whichever is lower, shall
2 be used until such time as all redevelopment project
3 costs have been paid.
4 (b) The real property equalized assessed valuation
5 for a school district shall be adjusted by subtracting
6 from the real property value as equalized or assessed by
7 the Department of Revenue for the district an amount
8 computed by dividing the amount of any abatement of taxes
9 under Section 18-170 of the Property Tax Code by 3.00%
10 for a district maintaining grades kindergarten through 12
11 or by 2.30% for a district maintaining grades
12 kindergarten through 8, or by 1.20% for a district
13 maintaining grades 9 through 12 and adjusted by an amount
14 computed by dividing the amount of any abatement of taxes
15 under subsection (a) of Section 18-165 of the Property
16 Tax Code by the same percentage rates for district type
17 as specified in this subparagraph (c).
18 (H) Supplemental General State Aid.
19 (1) In addition to the general State aid a school
20 district is allotted pursuant to subsection (E), qualifying
21 school districts shall receive a grant, paid in conjunction
22 with a district's payments of general State aid, for
23 supplemental general State aid based upon the concentration
24 level of children from low-income households within the
25 school district. Supplemental State aid grants provided for
26 school districts under this subsection shall be appropriated
27 for distribution to school districts as part of the same line
28 item in which the general State financial aid of school
29 districts is appropriated under this Section. For purposes of
30 this subsection, the term "Low-Income Concentration Level"
31 shall be the low-income eligible pupil count from the most
32 recently available federal census divided by the Average
33 Daily Attendance of the school district.
34 (2) Supplemental general State aid pursuant to this
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1 subsection shall be provided as follows:
2 (a) For any school district with a Low Income
3 Concentration Level of at least 20% and less than 35%,
4 the grant for any school year shall be $800 multiplied by
5 the low income eligible pupil count.
6 (b) For any school district with a Low Income
7 Concentration Level of at least 35% and less than 50%,
8 the grant for the 1998-1999 school year shall be $1,100
9 multiplied by the low income eligible pupil count.
10 (c) For any school district with a Low Income
11 Concentration Level of at least 50% and less than 60%,
12 the grant for the 1998-99 school year shall be $1,500
13 multiplied by the low income eligible pupil count.
14 (d) For any school district with a Low Income
15 Concentration Level of 60% or more, the grant for the
16 1998-99 school year shall be $1,900 multiplied by the low
17 income eligible pupil count.
18 (e) For the 1999-2000 school year, the per pupil
19 amount specified in subparagraphs (b), (c), and (d),
20 immediately above shall be increased by $100 to $1,200,
21 $1,600, and $2,000, respectively.
22 (f) For the 2000-2001 school year, the per pupil
23 amounts specified in subparagraphs (b), (c) and (d)
24 immediately above shall be increased to $1,230, $1,640,
25 and $2,050, respectively.
26 (3) School districts with an Average Daily Attendance of
27 more than 1,000 and less than 50,000 that qualify for
28 supplemental general State aid pursuant to this subsection
29 shall submit a plan to the State Board of Education prior to
30 October 30 of each year for the use of the funds resulting
31 from this grant of supplemental general State aid for the
32 improvement of instruction in which priority is given to
33 meeting the education needs of disadvantaged children. Such
34 plan shall be submitted in accordance with rules and
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1 regulations promulgated by the State Board of Education.
2 (4) School districts with an Average Daily Attendance of
3 50,000 or more that qualify for supplemental general State
4 aid pursuant to this subsection shall be required to
5 distribute from funds available pursuant to this Section, no
6 less than $261,000,000 in accordance with the following
7 requirements:
8 (a) The required amounts shall be distributed to
9 the attendance centers within the district in proportion
10 to the number of pupils enrolled at each attendance
11 center who are eligible to receive free or reduced-price
12 lunches or breakfasts under the federal Child Nutrition
13 Act of 1966 and under the National School Lunch Act
14 during the immediately preceding school year.
15 (b) The distribution of these portions of
16 supplemental and general State aid among attendance
17 centers according to these requirements shall not be
18 compensated for or contravened by adjustments of the
19 total of other funds appropriated to any attendance
20 centers, and the Board of Education shall utilize funding
21 from one or several sources in order to fully implement
22 this provision annually prior to the opening of school.
23 (c) Each attendance center shall be provided by the
24 school district a distribution of noncategorical funds
25 and other categorical funds to which an attendance center
26 is entitled under law in order that the general State aid
27 and supplemental general State aid provided by
28 application of this subsection supplements rather than
29 supplants the noncategorical funds and other categorical
30 funds provided by the school district to the attendance
31 centers.
32 (d) Any funds made available under this subsection
33 that by reason of the provisions of this subsection are
34 not required to be allocated and provided to attendance
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1 centers may be used and appropriated by the board of the
2 district for any lawful school purpose.
3 (e) Funds received by an attendance center pursuant
4 to this subsection shall be used by the attendance center
5 at the discretion of the principal and local school
6 council for programs to improve educational opportunities
7 at qualifying schools through the following programs and
8 services: early childhood education, reduced class size
9 or improved adult to student classroom ratio, enrichment
10 programs, remedial assistance, attendance improvement and
11 other educationally beneficial expenditures which
12 supplement the regular and basic programs as determined
13 by the State Board of Education. Funds provided shall
14 not be expended for any political or lobbying purposes as
15 defined by board rule.
16 (f) Each district subject to the provisions of this
17 subdivision (H)(4) shall submit an acceptable plan to
18 meet the educational needs of disadvantaged children, in
19 compliance with the requirements of this paragraph, to
20 the State Board of Education prior to July 15 of each
21 year. This plan shall be consistent with the decisions of
22 local school councils concerning the school expenditure
23 plans developed in accordance with part 4 of Section
24 34-2.3. The State Board shall approve or reject the plan
25 within 60 days after its submission. If the plan is
26 rejected, the district shall give written notice of
27 intent to modify the plan within 15 days of the
28 notification of rejection and then submit a modified plan
29 within 30 days after the date of the written notice of
30 intent to modify. Districts may amend approved plans
31 pursuant to rules promulgated by the State Board of
32 Education.
33 Upon notification by the State Board of Education
34 that the district has not submitted a plan prior to July
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1 15 or a modified plan within the time period specified
2 herein, the State aid funds affected by that plan or
3 modified plan shall be withheld by the State Board of
4 Education until a plan or modified plan is submitted.
5 If the district fails to distribute State aid to
6 attendance centers in accordance with an approved plan,
7 the plan for the following year shall allocate funds, in
8 addition to the funds otherwise required by this
9 subsection, to those attendance centers which were
10 underfunded during the previous year in amounts equal to
11 such underfunding.
12 For purposes of determining compliance with this
13 subsection in relation to the requirements of attendance
14 center funding, each district subject to the provisions
15 of this subsection shall submit as a separate document by
16 December 1 of each year a report of expenditure data for
17 the prior year in addition to any modification of its
18 current plan. If it is determined that there has been a
19 failure to comply with the expenditure provisions of this
20 subsection regarding contravention or supplanting, the
21 State Superintendent of Education shall, within 60 days
22 of receipt of the report, notify the district and any
23 affected local school council. The district shall within
24 45 days of receipt of that notification inform the State
25 Superintendent of Education of the remedial or corrective
26 action to be taken, whether by amendment of the current
27 plan, if feasible, or by adjustment in the plan for the
28 following year. Failure to provide the expenditure
29 report or the notification of remedial or corrective
30 action in a timely manner shall result in a withholding
31 of the affected funds.
32 The State Board of Education shall promulgate rules
33 and regulations to implement the provisions of this
34 subsection. No funds shall be released under this
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1 subdivision (H)(4) to any district that has not submitted
2 a plan that has been approved by the State Board of
3 Education.
4 (I) General State Aid for Newly Configured School Districts.
5 (1) For a new school district formed by combining
6 property included totally within 2 or more previously
7 existing school districts, for its first year of existence
8 the general State aid and supplemental general State aid
9 calculated under this Section shall be computed for the new
10 district and for the previously existing districts for which
11 property is totally included within the new district. If the
12 computation on the basis of the previously existing districts
13 is greater, a supplementary payment equal to the difference
14 shall be made for the first 4 years of existence of the new
15 district.
16 (2) For a school district which annexes all of the
17 territory of one or more entire other school districts, for
18 the first year during which the change of boundaries
19 attributable to such annexation becomes effective for all
20 purposes as determined under Section 7-9 or 7A-8, the general
21 State aid and supplemental general State aid calculated under
22 this Section shall be computed for the annexing district as
23 constituted after the annexation and for the annexing and
24 each annexed district as constituted prior to the annexation;
25 and if the computation on the basis of the annexing and
26 annexed districts as constituted prior to the annexation is
27 greater, a supplementary payment equal to the difference
28 shall be made for the first 4 years of existence of the
29 annexing school district as constituted upon such annexation.
30 (3) For 2 or more school districts which annex all of
31 the territory of one or more entire other school districts,
32 and for 2 or more community unit districts which result upon
33 the division (pursuant to petition under Section 11A-2) of
34 one or more other unit school districts into 2 or more parts
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1 and which together include all of the parts into which such
2 other unit school district or districts are so divided, for
3 the first year during which the change of boundaries
4 attributable to such annexation or division becomes effective
5 for all purposes as determined under Section 7-9 or 11A-10,
6 as the case may be, the general State aid and supplemental
7 general State aid calculated under this Section shall be
8 computed for each annexing or resulting district as
9 constituted after the annexation or division and for each
10 annexing and annexed district, or for each resulting and
11 divided district, as constituted prior to the annexation or
12 division; and if the aggregate of the general State aid and
13 supplemental general State aid as so computed for the
14 annexing or resulting districts as constituted after the
15 annexation or division is less than the aggregate of the
16 general State aid and supplemental general State aid as so
17 computed for the annexing and annexed districts, or for the
18 resulting and divided districts, as constituted prior to the
19 annexation or division, then a supplementary payment equal to
20 the difference shall be made and allocated between or among
21 the annexing or resulting districts, as constituted upon such
22 annexation or division, for the first 4 years of their
23 existence. The total difference payment shall be allocated
24 between or among the annexing or resulting districts in the
25 same ratio as the pupil enrollment from that portion of the
26 annexed or divided district or districts which is annexed to
27 or included in each such annexing or resulting district bears
28 to the total pupil enrollment from the entire annexed or
29 divided district or districts, as such pupil enrollment is
30 determined for the school year last ending prior to the date
31 when the change of boundaries attributable to the annexation
32 or division becomes effective for all purposes. The amount
33 of the total difference payment and the amount thereof to be
34 allocated to the annexing or resulting districts shall be
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1 computed by the State Board of Education on the basis of
2 pupil enrollment and other data which shall be certified to
3 the State Board of Education, on forms which it shall provide
4 for that purpose, by the regional superintendent of schools
5 for each educational service region in which the annexing and
6 annexed districts, or resulting and divided districts are
7 located.
8 (4) Any supplementary payment made under this subsection
9 (I) shall be treated as separate from all other payments made
10 pursuant to this Section.
11 (J) Supplementary Grants in Aid.
12 (1) Notwithstanding any other provisions of this
13 Section, the amount of the aggregate general State aid in
14 combination with supplemental general State aid under this
15 Section for which each school district is eligible for the
16 1998-1999 school year shall be no less than the amount of the
17 aggregate general State aid entitlement that was received by
18 the district under Section 18-8 (exclusive of amounts
19 received under subsections 5(p) and 5(p-5) of that Section)
20 for the 1997-98 school year, pursuant to the provisions of
21 that Section as it was then in effect. If a school district
22 qualifies to receive a supplementary payment made under this
23 subsection (J) for the 1998-1999 school year, the amount of
24 the aggregate general State aid in combination with
25 supplemental general State aid under this Section which that
26 district is eligible to receive for each school year
27 subsequent to the 1998-1999 school year shall be no less than
28 the amount of the aggregate general State aid entitlement
29 that was received by the district under Section 18-8
30 (exclusive of amounts received under subsections 5(p) and
31 5(p-5) of that Section) for the 1997-1998 school year,
32 pursuant to the provisions of that Section as it was then in
33 effect.
34 (2) If, as provided in paragraph (1) of this subsection
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1 (J), a school district is to receive aggregate general State
2 aid in combination with supplemental general State aid under
3 this Section for the 1998-99 school year, or for the 1998-99
4 school year and any subsequent school year, that in any such
5 school year is less than the amount of the aggregate general
6 State aid entitlement that the district received for the
7 1997-98 school year, the school district shall also receive,
8 from a separate appropriation made for purposes of this
9 subsection (J), a supplementary payment that is equal to the
10 amount of the difference in the aggregate State aid figures
11 as described in paragraph (1).
12 (3) If the amount appropriated for supplementary
13 payments to school districts under this subsection (J) is
14 insufficient for that purpose, the supplementary payments
15 that districts are to receive under this subsection shall be
16 prorated according to the aggregate amount of the
17 appropriation made for purposes of this subsection.
18 (K) Grants to Laboratory and Alternative Schools.
19 In calculating the amount to be paid to the governing
20 board of a public university that operates a laboratory
21 school under this Section or to any alternative school that
22 is operated by a regional superintendent of schools, the
23 State Board of Education shall require by rule such reporting
24 requirements as it deems necessary.
25 As used in this Section, "laboratory school" means a
26 public school which is created and operated by a public
27 university and approved by the State Board of Education. The
28 governing board of a public university which receives funds
29 from the State Board under this subsection (K) may not
30 increase the number of students enrolled in its laboratory
31 school from a single district, if that district is already
32 sending 50 or more students, except under a mutual agreement
33 between the school board of a student's district of residence
34 and the university which operates the laboratory school. A
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1 laboratory school may not have more than 1,000 students,
2 excluding students with disabilities in a special education
3 program.
4 As used in this Section, "alternative school" means a
5 public school which is created and operated by a Regional
6 Superintendent of Schools and approved by the State Board of
7 Education. Such alternative schools may offer courses of
8 instruction for which credit is given in regular school
9 programs, courses to prepare students for the high school
10 equivalency testing program or vocational and occupational
11 training. A regional superintendent of schools may contract
12 with a school district or a public community college district
13 to operate an alternative school. An alternative school
14 serving more than one educational service region may be
15 operated under such terms as the regional superintendents of
16 schools of those educational service regions may agree.
17 Each laboratory and alternative school shall file, on
18 forms provided by the State Superintendent of Education, an
19 annual State aid claim which states the Average Daily
20 Attendance of the school's students by month. The best 3
21 months' Average Daily Attendance shall be computed for each
22 school. The general State aid entitlement shall be computed
23 by multiplying the applicable Average Daily Attendance by the
24 Foundation Level as determined under this Section.
25 (L) Payments, Additional Grants in Aid and Other
26 Requirements.
27 (1) For a school district operating under the financial
28 supervision of an Authority created under Article 34A, the
29 general State aid otherwise payable to that district under
30 this Section, but not the supplemental general State aid,
31 shall be reduced by an amount equal to the budget for the
32 operations of the Authority as certified by the Authority to
33 the State Board of Education, and an amount equal to such
34 reduction shall be paid to the Authority created for such
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1 district for its operating expenses in the manner provided in
2 Section 18-11. The remainder of general State school aid for
3 any such district shall be paid in accordance with Article
4 34A when that Article provides for a disposition other than
5 that provided by this Article.
6 (2) Impaction. Impaction payments shall be made as
7 provided for in Section 18-4.2.
8 (3) Summer school. Summer school payments shall be made
9 as provided in Section 18-4.3.
10 (M) Education Funding Advisory Board.
11 The Education Funding Advisory Board, hereinafter in this
12 subsection (M) referred to as the "Board", is hereby created.
13 The Board shall consist of 5 members who are appointed by the
14 Governor, by and with the advice and consent of the Senate.
15 The members appointed shall include representatives of
16 education, business, and the general public. One of the
17 members so appointed shall be designated by the Governor at
18 the time the appointment is made as the chairperson of the
19 Board. The initial members of the Board may be appointed any
20 time after the effective date of this amendatory Act of 1997.
21 The regular term of each member of the Board shall be for 4
22 years from the third Monday of January of the year in which
23 the term of the member's appointment is to commence, except
24 that of the 5 initial members appointed to serve on the
25 Board, the member who is appointed as the chairperson shall
26 serve for a term that commences on the date of his or her
27 appointment and expires on the third Monday of January, 2002,
28 and the remaining 4 members, by lots drawn at the first
29 meeting of the Board that is held after all 5 members are
30 appointed, shall determine 2 of their number to serve for
31 terms that commence on the date of their respective
32 appointments and expire on the third Monday of January, 2001,
33 and 2 of their number to serve for terms that commence on the
34 date of their respective appointments and expire on the third
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1 Monday of January, 2000. All members appointed to serve on
2 the Board shall serve until their respective successors are
3 appointed and confirmed. Vacancies shall be filled in the
4 same manner as original appointments. If a vacancy in
5 membership occurs at a time when the Senate is not in
6 session, the Governor shall make a temporary appointment
7 until the next meeting of the Senate, when he or she shall
8 appoint, by and with the advice and consent of the Senate, a
9 person to fill that membership for the unexpired term. If
10 the Senate is not in session when the initial appointments
11 are made, those appointments shall be made as in the case of
12 vacancies.
13 The Education Funding Advisory Board shall be deemed
14 established, and the initial members appointed by the
15 Governor to serve as members of the Board shall take office,
16 on the date that the Governor makes his or her appointment of
17 the fifth initial member of the Board, whether those initial
18 members are then serving pursuant to appointment and
19 confirmation or pursuant to temporary appointments that are
20 made by the Governor as in the case of vacancies.
21 The State Board of Education shall provide such staff
22 assistance to the Education Funding Advisory Board as is
23 reasonably required for the proper performance by the Board
24 of its responsibilities.
25 For school years after the 2000-2001 school year, the
26 Education Funding Advisory Board, in consultation with the
27 State Board of Education, shall make recommendations as
28 provided in this subsection (M) to the General Assembly for
29 the foundation level under subdivision (B)(3) of this Section
30 and for the supplemental general State aid grant level under
31 subsection (H) of this Section for districts with high
32 concentrations of children from poverty. The recommended
33 foundation level shall be determined based on a methodology
34 which incorporates the basic education expenditures of
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1 low-spending schools exhibiting high academic performance.
2 The Education Funding Advisory Board shall make such
3 recommendations to the General Assembly on January 1 of odd
4 numbered years, beginning January 1, 2001.
5 (N) General State Aid Adjustment Grant.
6 (1) Any school district subject to property tax
7 extension limitations as imposed under the provisions of the
8 Property Tax Extension Limitation Law shall be entitled to
9 receive, subject to the qualifications and requirements of
10 this subsection, a general State aid adjustment grant.
11 Eligibility for this grant shall be determined on an annual
12 basis and claims for grant payments shall be paid subject to
13 appropriations made specific to this subsection. For
14 purposes of this subsection the following terms shall have
15 the following meanings:
16 "Budget Year": The school year for which general State
17 aid is calculated and awarded under subsection (E).
18 "Current Year": The school year immediately preceding
19 the Budget Year.
20 "Base Tax Year": The property tax levy year used to
21 calculate the Budget Year allocation of general State aid.
22 "Preceding Tax Year": The property tax levy year
23 immediately preceding the Base Tax Year.
24 "Extension Limitation Ratio": A numerical ratio,
25 certified by a school district's County Clerk, in which the
26 numerator is the Base Tax Year's tax extension amount
27 resulting from the Operating Tax Rate and the denominator is
28 the Preceding Tax Year's tax extension amount resulting from
29 the Operating Tax Rate.
30 "Operating Tax Rate": The operating tax rate as defined
31 in subsection (A).
32 (2) To qualify for a general State aid adjustment grant,
33 a school district must meet all of the following eligibility
34 criteria for each Budget Year for which a grant is claimed:
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1 (a) The Operating Tax Rate of the school district
2 in the Preceding Tax Year was at least 3.00% in the case
3 of a school district maintaining grades kindergarten
4 through 12, at least 2.30% in the case of a school
5 district maintaining grades kindergarten through 8, or at
6 least 1.41% in the case of a school district maintaining
7 grades 9 through 12.
8 (b) The Operating Tax Rate of the school district
9 for the Base Tax Year was reduced by the Clerk of the
10 County as a result of the requirements of the Property
11 Tax Extension Limitation Law.
12 (c) The Available Local Resources per pupil of the
13 school district as calculated pursuant to subsection (D)
14 using the Base Tax Year are less than the product of 1.75
15 times the Foundation Level for the Budget Year.
16 (d) The school district has filed a proper and
17 timely claim for a general State aid adjustment grant as
18 required under this subsection.
19 (3) A claim for grant assistance under this subsection
20 shall be filed with the State Board of Education on or before
21 January 1 of the Current Year for a grant for the Budget
22 Year. The claim shall be made on forms prescribed by the
23 State Board of Education and must be accompanied by a written
24 statement from the Clerk of the County, certifying:
25 (a) That the school district has its extension for
26 the Base Tax Year reduced as a result of the Property Tax
27 Extension Limitation Law.
28 (b) That the Operating Tax Rate of the school
29 district for the Preceding Tax Year met the tax rate
30 requirements of subdivision (N)(2) of this Section.
31 (c) The Extension Limitation Ratio as that term is
32 defined in this subsection.
33 (4) On or before August 1 of the Budget Year the State
34 Board of Education shall calculate, for all school districts
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1 meeting the other requirements of this subsection, the amount
2 of the general State aid adjustment grant, if any, that the
3 school districts are eligible to receive in the Budget Year.
4 The amount of the general State aid adjustment grant shall be
5 calculated as follows:
6 (a) Determine the school district's general State
7 aid grant for the Budget Year as provided in accordance
8 with the provisions of subsection (E).
9 (b) Determine the school district's adjusted level
10 of general State aid by utilizing in the calculation of
11 Available Local Resources an equalized assessed valuation
12 that is the equalized assessed valuation of the Preceding
13 Tax Year multiplied by the Extension Limitation Ratio.
14 (c) Subtract the sum derived in subparagraph (a)
15 from the sum derived in subparagraph (b). If the result
16 is a positive number, that amount shall be the general
17 State aid adjustment grant that the district is eligible
18 to receive.
19 (5) The State Board of Education shall in the Current
20 Year, based upon claims filed in the Current Year, recommend
21 to the General Assembly an appropriation amount for the
22 general State aid adjustment grants to be made in the Budget
23 Year.
24 (6) Claims for general State aid adjustment grants shall
25 be paid in a lump sum on or before January 1 of the Budget
26 Year only from appropriations made by the General Assembly
27 expressly for claims under this subsection. No such claims
28 may be paid from amounts appropriated for any other purpose
29 provided for under this Section. In the event that the
30 appropriation for claims under this subsection is
31 insufficient to meet all Budget Year claims for a general
32 State aid adjustment grant, the appropriation available shall
33 be proportionately prorated by the State Board of Education
34 amongst all districts filing for and entitled to payments.
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1 (7) The State Board of Education shall promulgate the
2 required claim forms and rules necessary to implement the
3 provisions of this subsection.
4 (O) References.
5 (1) References in other laws to the various subdivisions
6 of Section 18-8 as that Section existed before its repeal and
7 replacement by this Section 18-8.05 shall be deemed to refer
8 to the corresponding provisions of this Section 18-8.05, to
9 the extent that those references remain applicable.
10 (2) References in other laws to State Chapter 1 funds
11 shall be deemed to refer to the supplemental general State
12 aid provided under subsection (H) of this Section.
13 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
14 revised 1-8-98.)
15 Section 78. The Education Cost-Effectiveness Agenda Act
16 is amended by changing Section 5 as follows:
17 (105 ILCS 225/5) (from Ch. 122, par. 1955)
18 Sec. 5. Monies in the Fund shall be appropriated to the
19 Illinois State Board of Education for use in establishing and
20 administering:
21 (1) A Retired Teacher Service Corps, which would
22 utilize the skills and knowledge of retired teachers to
23 provide supplementary instruction of at-risk children, as
24 defined by the State Board of Education, and any other
25 students in need of assistance.;
26 (2) A Partnership in Training program designed to
27 bring private businesses and the State together in
28 ensuring a trained and trainable workforce for employers
29 of the State. The partnership shall cooperate in
30 preparing educational programs in the schools designed to
31 increase the vocational abilities of students as they
32 leave high school and enter the private sector. The
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1 purpose shall be to tie the schools and the business
2 community together.;
3 (3) A Parents as Teachers program designed to
4 provide training, materials and other assistance
5 necessary to enable parents to provide basic preschool
6 education in the home.; and
7 (4) A Rural School Satellite Instruction program to
8 link rural schools, through video or audio communication
9 systems, to otherwise unavailable educational services.
10 Monies of the Fund shall supplement, not supplant, any
11 funding being used by the State Board of Education for these
12 purposes on the effective date of this Act. The State Board
13 of Education may enter into contractual contractural or
14 cooperative agreements with the Illinois Board of Higher
15 Education, Illinois Community College Board, Illinois State
16 Scholarship Commission and any other relevant State
17 department or agency or public or and private organization
18 organizations.
19 (Source: P.A. 86-852; revised 6-27-97.)
20 Section 79. The Board of Higher Education Act is amended
21 by changing Section 9.21 as follows:
22 (110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
23 Sec. 9.21. Human Relations.
24 (a) The Board shall monitor, budget, evaluate, and
25 report to the General Assembly in accordance with Section
26 9.16 of this Act on programs to improve human relations to
27 include race, ethnicity, gender and other issues related to
28 improving human relations. The programs shall at least:
29 (1) require each public institution of higher
30 education to include, in the general education
31 requirements for obtaining a degree, coursework on
32 improving human relations to include race, ethnicity,
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1 gender and other issues related to improving human
2 relations to address racism and sexual harassment on
3 their campuses, through existing courses;
4 (2) require each public institution of higher
5 education to report monthly to the Department of Human
6 Rights and the Attorney General on each adjudicated case
7 in which a finding of racial, ethnic or religious
8 intimidation or sexual harassment made in a grievance,
9 affirmative action or other proceeding established by
10 that institution to investigate and determine allegations
11 of racial, ethnic or religious intimidation and sexual
12 harassment; and
13 (3) require each public institution of higher
14 education to forward to the local State's Attorney any
15 report received by campus security or by a university
16 police department alleging the commission of a hate crime
17 as defined under Section 12-7.1 12.7-1 of the Criminal
18 Code of 1961.
19 (Source: P.A. 87-581; revised 12-18-97.)
20 Section 80. The Public Community College Act is amended
21 by changing Sections 2-12.1, 2-16.02, and 7-13 as follows:
22 (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
23 Sec. 2-12.1. Experimental district; abolition of
24 experimental district and establishment of new community
25 college district.
26 (a) The State Board shall establish an experimental
27 community college district, referred to in this Act as the
28 "experimental district", to be comprised of territory which
29 includes the City of East St. Louis, Illinois. The State
30 Board shall determine the area and fix the boundaries of the
31 territory of the experimental district. Within 30 days of the
32 establishment of the experimental district, the State Board
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1 shall file with the county clerk of the county, or counties,
2 concerned a map showing the territory of the experimental
3 district.
4 Within the experimental district, the State Board shall
5 establish, maintain and operate, until the experimental
6 district is abolished and a new community college district is
7 established under subsection (c), an experimental community
8 college to be known as the State Community College of East
9 St. Louis.
10 (b) (Blank).
11 (c) The experimental district shall be abolished and
12 replaced by a new community college district as follows:
13 (1) The establishment of the new community college
14 district shall become effective for all purposes on July
15 1, 1996, notwithstanding any minimum population,
16 equalized assessed valuation or other requirements
17 provided by Section 3-1 or any other provision of this
18 Act for the establishment of a community college
19 district.
20 (2) The experimental district established pursuant
21 to subsection (a) shall be abolished on July 1, 1996 when
22 the establishment of the new community college district
23 becomes effective for all purposes.
24 (3) The territory of the new community college
25 district shall be comprised of the territory of, and its
26 boundaries shall be coterminous with the boundaries of
27 the experimental district which it will replace, as those
28 boundaries existed on November 7, 1995.
29 (4) Notwithstanding the fact that the establishment
30 of the new community college district does not become
31 effective for all purposes until July 1, 1996, the
32 election for the members of the initial board of the new
33 community college district, to consist of 7 members,
34 shall be held at the nonpartisan election in November of
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1 1995 in the manner provided by the general election law,
2 nominating petitions for members of the initial board
3 shall be filed with the regional superintendent in the
4 manner provided by Section 3-7.10 with respect to newly
5 organized districts, and the persons entitled to nominate
6 and to vote at the election for the members of the board
7 of the new community college district shall be the
8 electors in the territory referred to in paragraph (3) of
9 this subsection. In addition, for purposes of the levy,
10 extension, and collection of taxes as provided in
11 paragraph (5.5) of this subsection and for the purposes
12 of establishing the territory and boundaries of the new
13 community college district within and for which those
14 taxes are to be levied, the new community college
15 district shall be deemed established and effective when
16 the 7 members of the initial board of the new community
17 college district are elected and take office as provided
18 in this subsection (c).
19 (5) Each member elected to the initial board of the
20 new community college district must, on the date of his
21 election, be a citizen of the United States, of the age
22 of 18 years or over, and a resident of the State and the
23 territory referred to in paragraph (3) of this subsection
24 for at least one year preceding his election. Election
25 to the initial board of the new community college
26 district of a person who on July 1, 1996 is a member of a
27 common school board constitutes his resignation from, and
28 creates a vacancy on that common school board effective
29 July 1, 1996.
30 (5.5) The members first elected to the board of
31 trustees shall take office on the first Monday of
32 December, 1995, for the sole and limited purpose of
33 levying, at the rates specified in the proposition
34 submitted to the electors under subsection (b), taxes for
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1 the educational purposes and for the operations and
2 maintenance of facilities purposes of the new community
3 college district. The taxes shall be levied in calendar
4 year 1995 for extension and collection in calendar year
5 1996, notwithstanding the fact that the new community
6 college district does not become effective for the
7 purposes of administration of the community college until
8 July 1, 1996. The regional superintendent shall convene
9 the meeting under this paragraph and the members shall
10 organize for the purpose of that meeting by electing, pro
11 tempore, a chairperson and a secretary. At that meeting
12 the board is authorized to levy taxes for educational
13 purposes and for operations and maintenance of facilities
14 purposes as authorized in this paragraph without adopting
15 any budget for the new community college district and
16 shall certify the levy to the appropriate county clerk or
17 county clerks in accordance with law. The county clerks
18 shall extend the levy notwithstanding any law that
19 otherwise requires adoption of a budget before extension
20 of the levy. The funds produced by the levy made under
21 this paragraph to the extent received by a county
22 collector before July 1, 1996 shall immediately be
23 invested in lawful investments and held by the county
24 collector for payment and transfer to the new community
25 college district, along with all accrued interest or
26 other earnings accrued on the investment, as provided by
27 law on July 1, 1996. All funds produced by the levy and
28 received by a county collector on or after July 1, 1996
29 shall be transferred to the new community college
30 district as provided by law at such time as they are
31 received by the county collector.
32 (5.75) Notwithstanding any other provision of this
33 Section or the fact that establishment of the new
34 community college district as provided in this subsection
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1 does not take effect until July 1, 1996, the members
2 first elected to the board of trustees of the new
3 community college district are authorized to meet,
4 beginning on June 1, 1996 and thereafter for purposes of:
5 (i) arranging for and approving educational programs,
6 ancillary services, staffing, and associated expenditures
7 that relate to the offering by the new community college
8 district of educational programs beginning on or after
9 July 1, 1996 and before the fall term of the 1996-97
10 academic year, and (ii) otherwise facilitating the
11 orderly transition of operations from the experimental
12 district known as State Community College of East St.
13 Louis to the new community college district established
14 under this subsection. The persons elected to serve, pro
15 tempore, as chairperson and secretary of the board for
16 purposes of paragraph (5.5) shall continue to serve in
17 that capacity for purposes of this paragraph (5.75).
18 (6) Except as otherwise provided in paragraphs
19 (5.5) and (5.75), each of the members first elected to
20 the board of the new community college district shall
21 take office on July 1, 1996, and the Illinois Community
22 College Board, publicly by lot and not later than July 1,
23 1996, shall determine the length of term to be served by
24 each member of the initial board as follows: 2 shall
25 serve until their successors are elected at the
26 nonpartisan election in 1997 and have qualified, 2 shall
27 serve until their successors are elected at the
28 consolidated election in 1999 and have qualified, and 3
29 shall serve until their successors are elected at the
30 consolidated election in 2001 and have qualified. Their
31 successors shall serve 6 year terms. Terms of members are
32 subject to Section 2A-54 of the Election Code.
33 (7) The regional superintendent shall convene the
34 initial board of the new community college district on
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1 July 1, 1996, and the non-voting student member initially
2 selected to that board as provided in Section 3-7.24
3 shall serve a term beginning on the date of selection and
4 expiring on the next succeeding April 15. Upon being
5 convened on July 1, 1996, the board shall proceed to
6 organize in accordance with Section 3-8, and shall
7 thereafter continue to exercise the powers and duties of
8 a board in the manner provided by law for all boards of
9 community college districts except where obviously
10 inapplicable or otherwise provided by this Act.
11 Vacancies shall be filled, and members shall serve
12 without compensation subject to reimbursement for
13 reasonable expenses incurred in connection with their
14 service as members, as provided in Section 3-7. The duly
15 elected and organized board of the new community college
16 district shall levy taxes at a rate not to exceed .175
17 percent for educational purposes and at a rate not to
18 exceed .05 percent for operations and maintenance of
19 facilities purposes; provided that the board may act to
20 increase such rates at a regular election in accordance
21 with Section 3-14 and the general election law.
22 (d) Upon abolition of the experimental district and
23 establishment of the new community college district as
24 provided in this Section, all tangible personal property,
25 including inventory, equipment, supplies, and library books,
26 materials, and collections, belonging to the experimental
27 district and State Community College of East St. Louis at the
28 time of their abolition under this Section shall be deemed
29 transferred, by operation of law, to the board of trustees of
30 the new community college district. In addition, all real
31 property, and the improvements situated thereon, held by
32 State Community College of East St. Louis or on its behalf by
33 its board of trustees shall, upon abolition of the
34 experimental district and college as provided in this
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1 Section, be conveyed by the Illinois Community College Board,
2 in the manner prescribed by law, to the board of trustees of
3 the new community college district established under this
4 Section for so long as that real property is used for the
5 conduct and operation of a public community college and the
6 related purposes of a public community college district of
7 this State. Neither the new community college district nor
8 its board of trustees shall have any responsibility to any
9 vendor or other person making a claim relating to the
10 property, inventory, or equipment so transferred. On August
11 22, the effective date of this amendatory Act of 1997, the
12 endowment funds, gifts, trust funds, and funds from student
13 activity fees and the operation of student and staff medical
14 and health programs, union buildings, bookstores, campus
15 centers, and other auxiliary enterprises and activities that
16 were received by the board of trustees of State Community
17 College of East St. Louis and held and retained by that board
18 of trustees at the time of the abolition of the experimental
19 district and its replacement by the new community college
20 district as provided in this Section shall be deemed
21 transferred by operation of law to the board of trustees of
22 that new community college district, to be retained in its
23 own treasury and used in the conduct and operation of the
24 affairs and related purposes of the new community college
25 district. On August 22, the effective date of this
26 amendatory Act of 1997, all funds held locally in the State
27 Community College of East St. Louis Contracts and Grants
28 Clearing Account, the State Community College of East St.
29 Louis Income Fund Clearing Account and the Imprest Fund shall
30 be transferred by the Board to the General Revenue Fund.
31 (e) The outstanding obligations incurred for fiscal
32 years prior to fiscal year 1997 by the board of trustees of
33 State Community College of East St. Louis before the
34 abolition of that college and the experimental district as
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1 provided in this Section shall be paid by the State Board
2 from appropriations made to the State Board from the General
3 Revenue Fund for purposes of this subsection. To facilitate
4 the appropriations to be made for that purpose, the State
5 Comptroller and State Treasurer, without delay, shall
6 transfer to the General Revenue Fund from the State Community
7 College of East St. Louis Income Fund and the State Community
8 College of East St. Louis Contracts and Grants Fund, special
9 funds previously created in the State Treasury, any balances
10 remaining in those special funds on August 22, the effective
11 date of this amendatory Act of 1997.
12 (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
13 90-358, eff. 1-1-98; 90-509, eff. 8-22-97; revised 11-14-97.)
14 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
15 Sec. 2-16.02. Grants. Any community college district
16 that maintains a community college recognized by the State
17 Board shall receive, when eligible, grants enumerated in this
18 Section. Funded semester credit hours or other measures as
19 specified by the State Board shall be used to distribute
20 grants to community colleges. Funded semester credit hours
21 shall be defined, for purposes of this Section, as the
22 greater of (1) the number of semester credit hours, or
23 equivalent, in all funded instructional categories of
24 students who have been certified as being in attendance at
25 midterm during the respective terms of the base fiscal year
26 or (2) the average of semester credit hours, or equivalent,
27 in all funded instructional categories of students who have
28 been certified as being in attendance at midterm during the
29 respective terms of the base fiscal year and the 2 prior
30 fiscal years. For purposes of this Section, "base fiscal
31 year" means the fiscal year 2 years prior to the fiscal year
32 for which the grants are appropriated. Such students shall
33 have been residents of Illinois and shall have been enrolled
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1 in courses that are part of instructional program categories
2 approved by the State Board and that are applicable toward an
3 associate degree or certificate. Courses are not eligible
4 for reimbursement where the district receives federal or
5 State financing or both, except financing through the State
6 Board, for 50% or more of the program costs with the
7 exception of courses offered by contract with the Department
8 of Corrections in correctional institutions. Credit hour
9 grants shall be paid based on rates per funded semester
10 credit hour or equivalent calculated by the State Board for
11 funded instructional categories using cost of instruction,
12 enrollment, inflation, and other relevant factors. Small
13 district grants, in an amount to be determined by the State
14 Board, shall be made to each district with less than 75,000
15 funded semester credit hours, exclusive of Department of
16 Corrections credit hours.
17 Equalization grants shall be calculated by the State
18 Board by determining a local revenue factor for each district
19 by: (A) adding (1) each district's Corporate Personal
20 Property Replacement Fund allocations from the base fiscal
21 year or the average of the base fiscal year and prior year,
22 whichever is less, divided by the applicable statewide
23 average tax rate to (2) the district's most recently audited
24 year's equalized assessed valuation or the average of the
25 most recently audited year and prior year, whichever is less,
26 (B) then dividing by the district's audited full-time
27 equivalent resident students for the base fiscal year or the
28 average for the base fiscal year and the 2 prior fiscal
29 years, whichever is greater, and (C) then multiplying by the
30 applicable statewide average tax rate. The State Board shall
31 calculate a statewide weighted average threshold by applying
32 the same methodology to the totals of all districts'
33 Corporate Personal Property Tax Replacement Fund allocations,
34 equalized assessed valuations, and audited full-time
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1 equivalent district resident students and multiplying by the
2 applicable statewide average tax rate. The difference between
3 the statewide weighted average threshold and the local
4 revenue factor, multiplied by the number of full-time
5 equivalent resident students, shall determine the amount of
6 equalization funding that each district is eligible to
7 receive. A percentage factor, as determined by the State
8 Board, may be applied to the statewide threshold as a method
9 for allocating equalization funding. A minimum equalization
10 grant of an amount per district as determined by the State
11 Board shall be established for any community college district
12 which qualifies for an equalization grant based upon the
13 preceding criteria, but becomes ineligible for equalization
14 funding, or would have received a grant of less than the
15 minimum equalization grant, due to threshold prorations
16 applied to reduce equalization funding. As of July 1, 1997,
17 community college districts must maintain a minimum required
18 in-district tuition rate per semester credit hour as
19 determined by the State Board. For each fiscal year between
20 July 1, 1997 and June 30, 2001, districts not meeting the
21 minimum required rate will be subject to a percent reduction
22 of equalization funding as determined by the State Board. As
23 of July 1, 2001, districts must meet the required minimum
24 in-district tuition rate to qualify for equalization funding.
25 A special populations grant of a base amount as
26 determined by the State Board shall be distributed to each
27 community college district. Any remaining appropriated funds
28 for special populations purposes shall be distributed based
29 on factors as determined by the State Board. Each community
30 college district's expenditures of funds from those grants
31 shall be limited to courses and services related to programs
32 for educationally disadvantaged and minority students as
33 specified by the State Board.
34 A workforce preparation grant of a base grant amount as
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1 determined by the State Board shall be distributed to each
2 community college district. Any remaining appropriated funds
3 for workforce preparation programs shall be distributed based
4 on factors as determined by the State Board. Each community
5 college district's expenditures of funds from those grants
6 shall be limited to workforce preparation activities and
7 services as specified by the State Board.
8 An advanced technology equipment grant shall be
9 distributed proportionately to each community college
10 district based on each district's share of the State total
11 funded semester credit hours, or equivalent, in business
12 occupational, technical occupational, and health occupational
13 courses or other measures as determined by the State Board.
14 Each community college district's expenditures of funds from
15 those grants shall be limited to procurement of equipment for
16 curricula impacted by technological advances as specified by
17 the State Board.
18 Until January 1, 1999, a retirees health insurance grant
19 shall be distributed proportionately to each community
20 college district or entity created pursuant to Section 3-55
21 based on the total number of community college retirees in
22 the State on July 1 of the fiscal year prior to the fiscal
23 year for which the grants are appropriated, as determined by
24 the State Board. Expenditures of funds from those grants
25 shall be limited to payment of costs associated with
26 retirees' health insurance. Beginning January 1, 1999, the
27 retirees health insurance grant shall be limited to community
28 college districts subject to Article VII of this Act. The
29 retirees health insurance grants to community college
30 districts not subject to Article VII for fiscal year
31 1998-1999 shall be calculated so as to reflect the January 1,
32 1999 termination date.
33 A deferred maintenance grant shall be distributed to each
34 community college district based upon criteria as determined
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1 by the State Board. Each community college district's
2 expenditures of funds from those grants shall be limited to
3 deferred maintenance activities specified by the State Board.
4 A grant shall be provided to the Illinois Occupational
5 Information Coordinating Committee for the purpose of
6 providing the State Board with labor market information by
7 updating the Occupational Information System and HORIZONS
8 Career Information System and by providing labor market
9 information and technical assistance, that grant to be
10 provided in its entirety during the first quarter of the
11 fiscal year.
12 The State Board shall distribute such other grants as may
13 be authorized or appropriated by the General Assembly.
14 Each community college district entitled to State grants
15 under this Section must submit a report of its enrollment to
16 the State Board not later than 30 days following the end of
17 each semester, quarter, or term in a format prescribed by the
18 State Board. These semester credit hours, or equivalent,
19 shall be certified by each district on forms provided by the
20 State Board. Each district's certified semester credit
21 hours, or equivalent, are subject to audit pursuant to
22 Section 3-22.1.
23 The State Board shall certify, prepare, and submit to the
24 State Comptroller during August, November, February, and May
25 of each fiscal year vouchers setting forth an amount equal to
26 25% of the grants approved by the State Board for credit hour
27 grants, small district grants, special populations grants,
28 workforce preparation grants, equalization grants, advanced
29 technology equipment grants, deferred maintenance grants, and
30 retirees health insurance grants. The State Board shall
31 prepare and submit to the State Comptroller vouchers for
32 special initiatives grant payments as set forth in the
33 contracts executed pursuant to appropriations received for
34 special initiatives. The Comptroller shall cause his warrants
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1 to be drawn for the respective amounts due, payable to each
2 community college district, within 15 days following the
3 receipt of such vouchers. If the amount appropriated for
4 grants is different from the amount provided for such grants
5 under this Act, the grants shall be proportionately reduced
6 or increased accordingly.
7 For the purposes of this Section, "resident student"
8 means a student in a community college district who maintains
9 residency in that district or meets other residency
10 definitions established by the State Board, and who was
11 enrolled either in one of the approved instructional program
12 categories in that district, or in another community college
13 district to which the resident's district is paying tuition
14 under Section 6-2 or with which the resident's district has
15 entered into a cooperative agreement in lieu of such tuition.
16 For the purposes of this Section, a "full-time
17 equivalent" student is equal to 30 semester credit hours.
18 The Illinois Community College Board Contracts and Grants
19 Fund is hereby created in the State Treasury. Items of
20 income to this fund shall include any grants, awards,
21 endowments, or like proceeds, and where appropriate, other
22 funds made available through contracts with governmental,
23 public, and private agencies or persons. The General
24 Assembly shall from time to time make appropriations payable
25 from such fund for the support, improvement, and expenses of
26 the State Board and Illinois community college districts.
27 (Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
28 89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
29 8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; revised
30 11-17-97.)
31 (110 ILCS 805/7-13) (from Ch. 122, par. 107-13)
32 Sec. 7-13. After the adoption of the budget, the board
33 may not make any other appropriations before the adoption or
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1 passage of the next succeeding budget. The board may not,
2 either directly or indirectly, make any contract or do any
3 act which will add to its expenditures or liabilities, in any
4 fiscal year, any thing or sum above the amount provided for
5 in the annual budget for that fiscal year, but the board, by
6 a concurring vote of 2/3 of all the members thereof (this
7 vote to be taken by yeas and nays and entered in the
8 proceedings of the board), may make any expenditures and
9 incur any liability rendered necessary to meet emergencies
10 such as epidemics, fires, unforeseen damages or other
11 catastrophes catastrophies happening after the annual budget
12 has been passed or adopted. However, the board may at any
13 time after the adoption of the annual budget, by a vote of
14 2/3 of all the members of the board, pass an additional or
15 supplemental budget, thereby adding appropriations to those
16 made in the annual budget and such supplemental or additional
17 budget shall be regarded as an amendment of the annual budget
18 for that year, but any additional or supplemental
19 appropriations so made may not exceed the amount of moneys
20 which the board estimates it will receive in that year from
21 State appropriations, from federal funds and from any
22 increase in the authorized tax rates over and above the
23 amount of moneys which the board, at the time of the adoption
24 of its annual budget for that year, estimated would be
25 received from those sources. This Section does not prevent
26 the board from providing for and causing to be paid from its
27 funds any charge imposed by law without the action of the
28 board.
29 (Source: P.A. 85-1335; revised 6-27-97.)
30 Section 81. The Governor's Scholars Board of Sponsors
31 Act is amended by changing Section 1 as follows:
32 (110 ILCS 940/1) (from Ch. 127, par. 63b131)
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1 Sec. 1. There is created There is created a Board of
2 Sponsors of The Governor's Scholars, consisting of 10
3 members, 5 of whom shall be named by the Governor. The
4 Director of the Department of Central Management Services
5 shall be an a ex officio member, and there shall be 5
6 academic members who shall be named from cooperating
7 universities by the Governor. Members shall serve until July
8 1 of each odd-numbered year and until their successors are
9 appointed and qualified. Successors to academic members
10 shall be appointed during the month of June in each odd
11 numbered year. Vacancies shall be filled by appointment for
12 the unexpired term in the same manner as original
13 appointments are made. Appointments shall be in writing and
14 filed with the Secretary of State as public records record.
15 The Board of Sponsors shall elect its own chairman, and a
16 program coordinator for The Governor's Scholars who shall
17 serve as Secretary of the Board of Sponsors without vote.
18 Members of the Board of Sponsors shall serve without
19 compensation but shall be reimbursed for necessary expenses
20 in connection with the performance of their duties.
21 (Source: P.A. 82-789; revised 8-11-97.)
22 Section 82. The Illinois Banking Act is amended by
23 changing Sections 5, 14, and 17 and setting forth and
24 renumbering multiple versions of Section 48.4 as follows:
25 (205 ILCS 5/5) (from Ch. 17, par. 311)
26 Sec. 5. General corporate powers. A bank organized
27 under this Act or subject hereto shall be a body corporate
28 and politic and shall, without specific mention thereof in
29 the charter, have all the powers conferred by this Act and
30 the following additional general corporate powers:
31 (1) To sue and be sued, complain, and defend in its
32 corporate name.
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1 (2) To have a corporate seal, which may be altered at
2 pleasure, and to use the same by causing it or a facsimile
3 thereof to be impressed or affixed or in any manner
4 reproduced, provided that the affixing of a corporate seal to
5 an instrument shall not give the instrument additional force
6 or effect, or change the construction thereof, and the use of
7 a corporate seal is not mandatory.
8 (3) To make, alter, amend, and repeal bylaws, not
9 inconsistent with its charter or with law, for the
10 administration of the affairs of the bank.
11 (4) To elect or appoint and remove officers and agents
12 of the bank and define their duties and fix their
13 compensation.
14 (5) To adopt and operate reasonable bonus plans,
15 profit-sharing plans, stock-bonus plans, stock-option plans,
16 pension plans and similar incentive plans for its directors,
17 officers and employees.
18 (5.1) To manage, operate and administer a fund for the
19 investment of funds by a public agency or agencies, including
20 any unit of local government or school district, or any
21 person. The fund for a public agency shall invest in the
22 same type of investments and be subject to the same
23 limitations provided for the investment of public funds. The
24 fund for public agencies shall maintain a separate ledger
25 showing the amount of investment for each public agency in
26 the fund. "Public funds" and "public agency" as used in this
27 Section shall have the meanings ascribed to them in Section 1
28 of the Public Funds Investment Act.
29 (6) To make reasonable donations for the public welfare
30 or for charitable, scientific, religious or educational
31 purposes.
32 (7) To borrow or incur an obligation; and to pledge its
33 assets:
34 (a) to secure its borrowings, its lease of personal
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1 or real property or its other nondeposit obligations;
2 (b) to enable it to act as agent for the sale of
3 obligations of the United States;
4 (c) to secure deposits of public money of the
5 United States, whenever required by the laws of the
6 United States, including without being limited to,
7 revenues and funds the deposit of which is subject to the
8 control or regulation of the United States or any of its
9 officers, agents, or employees and Postal Savings funds;
10 (d) to secure deposits of public money of any state
11 or of any political corporation or subdivision thereof
12 including, without being limited to, revenues and funds
13 the deposit of which is subject to the control or
14 regulation of any state or of any political corporation
15 or subdivisions thereof or of any of their officers,
16 agents, or employees;
17 (e) to secure deposits of money whenever required
18 by the National Bankruptcy Act;
19 (f) (blank); and
20 (g) to secure trust funds commingled with the
21 bank's funds, whether deposited by the bank or an
22 affiliate of the bank, pursuant to Section 2-8 of the
23 Corporate Fiduciary Act.
24 (8) To own, possess, and carry as assets all or part of
25 the real estate necessary in or with which to do its banking
26 business, either directly or indirectly through the ownership
27 of all or part of the capital stock, shares or interests in
28 any corporation, association, trust engaged in holding any
29 part or parts or all of the bank premises, engaged in such
30 business and in conducting a safe deposit business in the
31 premises or part of them, or engaged in any activity that the
32 bank is permitted to conduct in a subsidiary pursuant to
33 paragraph (12) of this Section 5.
34 (9) To own, possess, and carry as assets other real
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1 estate to which it may obtain title in the collection of its
2 debts or that was formerly used as a part of the bank
3 premises, but title to any real estate except as herein
4 permitted shall not be retained by the bank, either directly
5 or by or through a subsidiary, as permitted by subsection
6 (12) of this Section for a total period of more than 10 years
7 after acquiring title, either directly or indirectly.
8 (10) To do any act, including the acquisition of stock,
9 necessary to obtain insurance of its deposits, or part
10 thereof, and any act necessary to obtain a guaranty, in whole
11 or in part, of any of its loans or investments by the United
12 States or any agency thereof, and any act necessary to sell
13 or otherwise dispose of any of its loans or investments to
14 the United States or any agency thereof, and to acquire and
15 hold membership in the Federal Reserve System.
16 (11) Notwithstanding any other provisions of this Act,
17 to do any act and to own, possess, and carry as assets
18 property of the character, including stock, that is at the
19 time authorized or permitted to national banks by an Act of
20 Congress, but subject always to the same limitations and
21 restrictions as are applicable to national banks by the
22 pertinent federal law.
23 (12) To own, possess, and carry as assets stock of one
24 or more corporations that is, or are, engaged in one or more
25 of the following businesses:
26 (a) holding title to and administering assets
27 acquired as a result of the collection or liquidating of
28 loans, investments, or discounts; or
29 (b) holding title to and administering personal
30 property acquired by the bank, directly or indirectly
31 through a subsidiary, for the purpose of leasing to
32 others, provided the lease or leases and the investment
33 of the bank, directly or through a subsidiary, in that
34 personal property otherwise comply with Section 35.1 of
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1 this Act; or
2 (c) carrying on or administering any of the
3 activities excepting the receipt of deposits or the
4 payment of checks or other orders for the payment of
5 money in which a bank may engage in carrying on its
6 general banking business; provided, however, that nothing
7 contained in this paragraph (c) shall be deemed to permit
8 a bank organized under this Act or subject hereto to do,
9 either directly or indirectly through any subsidiary, any
10 act, including the making of any loan or investment, or
11 to own, possess, or carry as assets any property that if
12 done by or owned, possessed, or carried by the State bank
13 would be in violation of or prohibited by any provision
14 of this Act.
15 The provisions of this subsection (12) shall not apply to
16 and shall not be deemed to limit the powers of a State bank
17 with respect to the ownership, possession, and carrying of
18 stock that a State bank is permitted to own, possess, or
19 carry under this Act.
20 Any bank intending to establish a subsidiary under this
21 subsection (12) shall give written notice to the Commissioner
22 60 days prior to the subsidiary's commencing of business or,
23 as the case may be, prior to acquiring stock in a corporation
24 that has already commenced business. After receiving the
25 notice, the Commissioner may waive or reduce the balance of
26 the 60 day notice period. The Commissioner may specify the
27 form of the notice and may promulgate rules and regulations
28 to administer this subsection (12).
29 (13) To accept for payment at a future date not
30 exceeding one year from the date of acceptance, drafts drawn
31 upon it by its customers; and to issue, advise, or confirm
32 letters of credit authorizing the holders thereof to draw
33 drafts upon it or its correspondents.
34 (14) To own and lease personal property acquired by the
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1 bank at the request of a prospective lessee and upon the
2 agreement of that person to lease the personal property
3 provided that the lease, the agreement with respect thereto,
4 and the amount of the investment of the bank in the property
5 comply with Section 35.1 of this Act.
6 (15) (a) To establish and maintain, in addition to the
7 main banking premises, branches offering any banking services
8 permitted at the main banking premises of a State bank.
9 (b) To establish and maintain, after May 31, 1997,
10 branches in another state that may conduct any activity in
11 that state that is authorized or permitted for any bank that
12 has a banking charter issued by that state, subject to the
13 same limitations and restrictions that are applicable to
14 banks chartered by that state.
15 (16) (Blank).
16 (17) To establish and maintain terminals, as authorized
17 by the Electronic Fund Transfer Act.
18 (18) To establish and maintain temporary service booths
19 at any International Fair held in this State which is
20 approved by the United States Department of Commerce, for the
21 duration of the international fair for the sole purpose of
22 providing a convenient place for foreign trade customers at
23 the fair to exchange their home countries' currency into
24 United States currency or the converse. This power shall not
25 be construed as establishing a new place or change of
26 location for the bank providing the service booth.
27 (19) To indemnify its officers, directors, employees,
28 and agents, as authorized for corporations under Section 8.75
29 of the Business Corporation Act of 1983.
30 (20) To own, possess, and carry as assets stock of, or
31 be or become a member of, any corporation, mutual company,
32 association, trust, or other entity formed exclusively for
33 the purpose of providing directors' and officers' liability
34 and bankers' blanket bond insurance or reinsurance to and for
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1 the benefit of the stockholders, members, or beneficiaries,
2 or their assets or businesses, or their officers, directors,
3 employees, or agents, and not to or for the benefit of any
4 other person or entity or the public generally.
5 (21) To make debt or equity investments in corporations
6 or projects, whether for profit or not for profit, designed
7 to promote the development of the community and its welfare,
8 provided that the aggregate investment in all of these
9 corporations and in all of these projects does not exceed 10%
10 of the unimpaired capital and unimpaired surplus of the bank
11 and provided that this limitation shall not apply to
12 creditworthy loans by the bank to those corporations or
13 projects. Upon written application to the Commissioner, a
14 bank may make an investment that would, when aggregated with
15 all other such investments, exceed 10% of the unimpaired
16 capital and unimpaired surplus of the bank. The Commissioner
17 may approve the investment if he is of the opinion and finds
18 that the proposed investment will not have a material adverse
19 effect on the safety and soundness of the bank.
20 (22) To own, possess, and carry as assets the stock of a
21 corporation engaged in the ownership or operation of a travel
22 agency or to operate a travel agency as a part of its
23 business, provided that the bank either owned, possessed, and
24 carried as assets the stock of such a corporation or operated
25 a travel agency as part of its business before July 1, 1991.
26 (23) With respect to affiliate facilities:
27 (a) to conduct at affiliate facilities any of the
28 following transactions for and on behalf of another
29 commonly owned bank, if so authorized by the other bank:
30 receiving deposits; cashing and issuing checks, drafts,
31 and money orders; changing money; and receiving payments
32 on existing indebtedness; and
33 (b) to authorize a commonly owned bank to conduct
34 for and on behalf of it any of the transactions listed in
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1 this paragraph (23) at one or more affiliate facilities.
2 Any bank intending to conduct or to authorize a commonly
3 owned bank to conduct at an affiliate facility any of the
4 transactions specified in this paragraph (23) shall give
5 written notice to the Commissioner at least 30 days before
6 any such transaction is conducted at the affiliate facility.
7 (24) To act as the agent for any fire, life, or other
8 insurance company authorized by the State of Illinois, by
9 soliciting and selling insurance and collecting premiums on
10 policies issued by such company; and to may receive for
11 services so rendered such fees or commissions as may be
12 agreed upon between the said bank and the insurance company
13 for which it may act as agent; provided, however, that no
14 such bank shall in any case assume or guarantee the payment
15 of any premium on insurance policies issued through its
16 agency by its principal; and provided further, that the bank
17 shall not guarantee the truth of any statement made by an
18 assured in filing his application for insurance.
19 (Source: P.A. 89-208, eff. 9-29-95; 89-310, eff. 1-1-96;
20 89-364, eff. 8-18-95; 89-626, eff. 8-9-96; 90-41, eff.
21 10-1-97; 90-301, eff. 8-1-97; revised 10-22-97.)
22 (205 ILCS 5/14) (from Ch. 17, par. 321)
23 Sec. 14. Stock. Unless otherwise provided for in this
24 Act provisions of general application to stock of a state
25 bank shall be as follows:
26 (1) All banks shall have their capital divided into
27 shares of a par value of not less than one dollar each and
28 not more than one hundred dollars each. No issue of capital
29 stock or preferred stock shall be valid until not less than
30 the par value of all such stock so issued shall be paid in
31 and notice thereof by the president, a vice-president or
32 cashier of the bank has been transmitted to the Commissioner.
33 In the case of an increase in capital stock by the
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1 declaration of a stock dividend, the capitalization of
2 retained earnings effected by such stock dividend shall
3 constitute the payment for such shares required by the
4 preceding sentence, provided that the surplus of said bank
5 after such stock dividend shall be at least equal to fifty
6 per cent of the capital as increased. The charter shall not
7 limit or deny the voting power of the shares of any class of
8 stock except as provided in Section 15(3) of this Act.
9 (2) Pursuant to action taken in accordance with the
10 requirements of Section 17, a bank may issue preferred stock
11 of one or more classes as shall be approved by the
12 Commissioner as hereinafter provided, and make such amendment
13 to its charter as may be necessary for this purpose; but in
14 the case of any newly organized bank which has not yet issued
15 capital stock the requirements of Section 17 shall not apply.
16 (3) Without limiting the authority herein contained a
17 bank, when so provided in its charter and when approved by
18 the Commissioner, may issue shares of preferred stock:
19 (a) Subject to the right of the bank to redeem any
20 of such shares at not exceeding the price fixed by the
21 charter for the redemption thereof;
22 (b) Subject to the provisions of subsection (8) of
23 this Section 14 entitling the holders thereof to
24 cumulative or noncumulative dividends;
25 (c) Having preference over any other class or
26 classes of shares as to the payment of dividends;
27 (d) Having preference as to the assets of the bank
28 over any other class or classes of shares upon the
29 voluntary or involuntary liquidation of the bank;
30 (e) Convertible into shares of any other class of
31 stock, provided that preferred shares shall not be
32 converted into shares of a different par value unless
33 that part of the capital of the bank represented by such
34 preferred shares is at the time of the conversion equal
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1 to the aggregate par value of the shares into which the
2 preferred shares are to be converted.
3 (4) If any part of the capital of a bank consists of
4 preferred stock, the determination of whether or not the
5 capital of such bank is impaired and the amount of such
6 impairment shall be based upon the par value of its stock
7 even though the amount which the holders of such preferred
8 stock shall be entitled to receive in the event of retirement
9 or liquidation shall be in excess of the par value of such
10 preferred stock.
11 (5) Pursuant to action taken in accordance with the
12 requirements of Section 17 of this Act, a state bank may
13 provide for a specified number of authorized but unissued
14 shares of capital stock for one or more of the following
15 purposes:
16 (a) Reserved for issuance under stock option plan
17 or plans to directors, officers or employees;
18 (b) Reserved for issuance upon conversion of
19 convertible preferred stock issued pursuant to and in
20 compliance with the provisions of subsections (2) and (3)
21 of this Section 14.
22 (c) Reserved for issuance upon conversion of
23 convertible debentures or other convertible evidences of
24 indebtedness issued by a state bank, provided always that
25 the terms of such conversion have been approved by the
26 Commissioner;
27 (d) Reserved for issuance by the declaration of a
28 stock dividend. If and when any shares of capital stock
29 are proposed to be authorized and reserved for any of the
30 purposes set forth in subparagraphs (a), (b) or (c)
31 above, the notice of the meeting, whether special or
32 annual, of stockholders at which such proposition is to
33 be considered shall be accompanied by a statement setting
34 forth or summarizing the terms upon which the shares of
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1 capital stock so reserved are to be issued, and the
2 extent to which any preemptive rights of stockholders are
3 inapplicable to the issuance of the shares so reserved or
4 to the convertible preferred stock or convertible
5 debentures or other convertible evidences of
6 indebtedness, and the approving vote of the holders of at
7 least two-thirds of the outstanding shares of stock
8 entitled to vote at such meeting of the terms of such
9 issuance shall be requisite for the adoption of any
10 amendment providing for the reservation of authorized but
11 unissued shares for any of said purposes. Nothing in this
12 subsection (5) contained shall be deemed to authorize the
13 issuance of any capital stock for a consideration less
14 than the par value thereof.
15 (6) Upon written application to the Commissioner 60 days
16 prior to the proposed purchase and receipt of the written
17 approval of the Commissioner, a state bank may purchase and
18 hold as treasury stock such amounts of the total number of
19 issued and outstanding shares of its capital and preferred
20 stock outstanding as the Commissioner determines is
21 consistent with safety and soundness of the bank. The
22 Commissioner may specify the manner of accounting for the
23 treasury stock and the form of notice prior to ultimate
24 disposition of the shares. Except as authorized in this
25 subsection, it shall not be lawful for a state bank to
26 purchase or hold any additional such shares or securities
27 described in subsection (2) of Section 37 unless necessary to
28 prevent loss upon a debt previously contracted in good faith,
29 in which event such shares or securities so purchased or
30 acquired shall, within 6 months from the time of purchase or
31 acquisition, be sold or disposed of at public or private
32 sale. Any state bank which intends to purchase and hold
33 treasury stock as authorized in this subsection (6) shall
34 file a written application with the Commissioner 60 days
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1 prior to any such proposed purchase. The application shall
2 state the number of shares to be purchased, the consideration
3 for the shares, the name and address of the person from whom
4 the shares are to be purchased, if known, and the total
5 percentage of its issued and outstanding shares to be held by
6 the bank after the purchase. The total consideration paid by
7 a state bank for treasury stock shall reduce capital and
8 surplus of the bank for purposes of Sections of this Act
9 relating to lending and investment limits which require
10 computation of capital and surplus. After considering and
11 approving an application to purchase and hold treasury stock
12 under this subsection, the Commissioner may waive or reduce
13 the balance of the 60 day application period. The
14 Commissioner may specify the form of the application for
15 approval to acquire treasury stock and promulgate rules and
16 regulations for the administration of this subsection (6). A
17 state bank may, acquire or resell its owns shares as treasury
18 stock pursuant to this subsection (6) without a change in its
19 charter pursuant to Section 17. Such stock may be held for
20 any purpose permitted in subsection (5) of this Section 14 or
21 may be resold upon such reasonable terms as the board of
22 directors may determine provided notice is given to the
23 Commissioner prior to the resale of such stock.
24 (7) During the time that a state bank shall continue its
25 banking business, it shall not withdraw or permit to be
26 withdrawn, either in the form of dividends or otherwise, any
27 portion of its capital, but nothing in this subsection shall
28 prevent a reduction or change of the capital stock or the
29 preferred stock under the provisions of Sections 17 through
30 30 of this Act, a purchase of treasury stock under the
31 provisions of subsection (6) of this Section 14 or a
32 redemption of preferred stock pursuant to charter provisions
33 therefor.
34 (8) (a) Subject to the provisions of this Act, the
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1 board of directors of a state bank from time to time may
2 declare a dividend of so much of the net profits of such
3 bank as it shall judge expedient, but each bank before
4 the declaration of a dividend shall carry at least
5 one-tenth of its net profits since the date of the
6 declaration of the last preceding dividend, or since the
7 issuance of its charter in the case of its first
8 dividend, to its surplus until the same shall be equal to
9 its capital.
10 (b) No dividends shall be paid by a state bank
11 while it continues its banking business to an amount
12 greater than its net profits then on hand, deducting
13 first therefrom its losses and bad debts. All debts due
14 to a state bank on which interest is past due and unpaid
15 for a period of 6 months or more, unless the same are
16 well secured and in the process of collection, shall be
17 considered bad debts.
18 (9) A State bank may, but shall not be obliged to, issue
19 a certificate for a fractional share, and, by action of its
20 board of directors, may in lieu thereof, pay cash equal to
21 the value of the fractional share. A certificate for a
22 fractional share shall entitle the holder to exercise
23 fractional voting rights, to receive dividends, and to
24 participate in any of the assets of the bank in the event of
25 liquidation.
26 (Source: P.A. 90-160, eff. 7-23-97; 90-301, eff. 8-1-97;
27 revised 10-22-97.)
28 (205 ILCS 5/17) (from Ch. 17, par. 324)
29 Sec. 17. Changes in charter.
30 (a) By compliance with the provisions of this Act a
31 State bank may:
32 (1) change its main banking premises provided that
33 there shall not be a removal to a new location without
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1 complying with the capital requirements of Section 7 and
2 of subsection (1) of Section 10 hereof, nor unless the
3 Commissioner shall find that the convenience and needs of
4 the area sought to be served by the bank at its proposed
5 new location will be promoted;
6 (2) increase, decrease or change its capital stock,
7 whether issued or unissued, provided that in no case
8 shall the capital be diminished to the prejudice of its
9 creditors;
10 (3) provide for authorized but unissued capital
11 stock reserved for issuance for one or more of the
12 purposes provided for in subsection (5) of Section 14
13 hereof;
14 (4) authorize preferred stock, or increase,
15 decrease or change the preferences, qualifications,
16 limitations, restrictions or special or relative rights
17 of its preferred stock, whether issued or unissued,
18 provided that in no case shall the capital be diminished
19 to the prejudice of its creditors;
20 (5) increase, decrease or change the par value of
21 its shares of its capital stock or preferred stock,
22 whether issued or unissued;
23 (6) extend the duration of its charter;
24 (7) eliminate cumulative voting rights under all or
25 specified circumstances, or eliminate voting rights
26 entirely, as to any class or classes or series of stock
27 of the bank pursuant to paragraph (3) of Section 15,
28 provided that one class of shares or series thereof shall
29 always have voting in respect to all matters in the bank,
30 and provided further that the proposal to eliminate such
31 voting rights receives the approval of the holders of 70%
32 of the outstanding shares of stock entitled to vote as
33 provided in paragraph (7) of subsection (b) of this
34 Section 17;
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1 (8) increase, decrease, or change its capital stock
2 or preferred stock, whether issued or unissued, for the
3 purpose of eliminating fractional shares or avoiding the
4 issuance of fractional shares, provided that in no case
5 shall the capital be diminished to the prejudice of its
6 creditors; or
7 (9) Make such other change in its charter as may be
8 authorized in this Act.
9 (b) To effect a change or changes in a State bank's
10 charter as provided for in this Section 17:
11 (1) The board of directors shall adopt a resolution
12 setting forth the proposed amendment and directing that
13 it be submitted to a vote at a meeting of stockholders,
14 which may be either an annual or special meeting.
15 (2) If the meeting is a special meeting, written or
16 printed notice setting forth the proposed amendment or
17 summary thereof shall be given to each stockholder of
18 record entitled to vote at such meeting at least 30 days
19 before such meeting and in the manner provided in this
20 Act for the giving of notice of meetings of stockholders.
21 (3) At such special meeting, a vote of the
22 stockholders entitled to vote shall be taken on the
23 proposed amendment. Except as provided in paragraph (7)
24 of this subsection (b), the proposed amendment shall be
25 adopted upon receiving the affirmative vote of the
26 holders of at least two-thirds of the outstanding shares
27 of stock entitled to vote at such meeting, unless holders
28 of preferred stock are entitled to vote as a class in
29 respect thereof, in which event the proposed amendment
30 shall be adopted upon receiving the affirmative vote of
31 the holders of at least two-thirds of the outstanding
32 shares of each class of shares entitled to vote as a
33 class in respect thereof and of the total outstanding
34 shares entitled to vote at such meeting. Any number of
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1 amendments may be submitted to the stockholders and voted
2 upon by them at one meeting. A certificate of the
3 amendment, or amendments, verified by the president, or a
4 vice-president, or the cashier, shall be filed
5 immediately in the office of the Commissioner.
6 (4) At any annual meeting without a resolution of
7 the board of directors and without a notice and prior
8 publication, as hereinabove provided, a proposition for a
9 change in the bank's charter as provided for in this
10 Section 17 may be submitted to a vote of the stockholders
11 entitled to vote at the annual meeting, except that no
12 proposition for authorized but unissued capital stock
13 reserved for issuance for one or more of the purposes
14 provided for in subsection (5) of Section 14 hereof shall
15 be submitted without complying with the provisions of
16 said subsection. The proposed amendment shall be adopted
17 upon receiving the affirmative vote of the holders of at
18 least two-thirds of the outstanding shares of stock
19 entitled to vote at such meeting, unless holders of
20 preferred stock are entitled to vote as a class in
21 respect thereof, in which event the proposed amendment
22 shall be adopted upon receiving the affirmative vote of
23 the holders of at least two-thirds of the outstanding
24 shares of each class of shares entitled to vote as a
25 class in respect thereof and the total outstanding shares
26 entitled to vote at such meeting. A certificate of the
27 amendment, or amendments, verified by the president, or a
28 vice-president or cashier, shall be filed immediately in
29 the office of the Commissioner.
30 (5) If an amendment or amendments shall be approved
31 in writing by the Commissioner, the amendment or
32 amendments so adopted and so approved shall be
33 accomplished in accordance with the vote of the
34 stockholders. The Commissioner shall revoke such
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1 approval in the event such amendment or amendments are
2 not effected within one year from the date of the
3 issuance of the Commissioner's certificate and written
4 approval except for transactions permitted under
5 subsection (5) of Section 14 of this Act.
6 (6) No amendment or amendments shall affect suits
7 in which the bank is a party, nor affect causes of
8 action, nor affect rights of persons in any particular,
9 nor shall actions brought against such bank by its former
10 name be abated by a change of name.
11 (7) A proposal to amend the charter to eliminate
12 cumulative voting rights under all or specified
13 circumstances, or to eliminate voting rights entirely, as
14 to any class or classes or series or stock of a bank,
15 pursuant to paragraph (3) of Section 15 and paragraph (7)
16 of subsection (a) of this Section 17, shall be adopted
17 only upon such proposal receiving the approval of the
18 holders of 70% of the outstanding shares of stock
19 entitled to vote at the meeting where the proposal is
20 presented for approval, unless holders of preferred stock
21 are entitled to vote as a class in respect thereof, in
22 which event the proposed amendment shall be adopted upon
23 receiving the approval of the holders of 70% of the
24 outstanding shares of each class of shares entitled to
25 vote as a class in respect thereof and of the total
26 outstanding shares entitled to vote at the meeting where
27 the proposal is presented for approval. The proposal to
28 amend the charter pursuant to this paragraph (7) may be
29 voted upon at the annual meeting or a special meeting.
30 (8) Written or printed notice of a stockholders'
31 meeting to vote on a proposal to increase, decrease or
32 change the capital stock or preferred stock pursuant to
33 paragraph (8) of subsection (a) of this Section 17 and to
34 eliminate fractional shares or avoid the issuance of
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1 fractional shares shall be given to each stockholder of
2 record entitled to vote at the meeting at least 30 days
3 before the meeting and in the manner provided in this Act
4 for the giving of notice of meetings of stockholders, and
5 shall include all of the following information:
6 (A) A statement of the purpose of the proposed
7 reverse stock split.
8 (B) A statement of the amount of consideration
9 being offered for the bank's stock.
10 (C) A statement that the bank considers the
11 transaction fair to the stockholders, and a
12 statement of the material facts upon which this
13 belief is based.
14 (D) A statement that the bank has secured an
15 opinion from a third party with respect to the
16 fairness, from a financial point of view, of the
17 consideration to be paid, the identity and
18 qualifications of the third party, how the third
19 party was selected, and any material relationship
20 between the third party and the bank.
21 (E) A summary of the opinion including the
22 basis for and the methods of arriving at the
23 findings and any limitation imposed by the bank in
24 arriving at fair value and a statement making the
25 opinion available for reviewing or copying by any
26 stockholder.
27 (F) A statement that objecting stockholders
28 will be entitled to the fair value of those shares
29 that are voted against the charter amendment, if a
30 proper demand is made on the bank and the
31 requirements are satisfied as specified in this
32 Section.
33 If a stockholder shall file with the bank, prior to or at the
34 meeting of stockholders at which the proposed charter
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1 amendment is submitted to a vote, a written objection to the
2 proposed charter amendment and shall not vote in favor
3 thereof, and if the stockholder, within 20 days after
4 receiving written notice of the date the charter amendment
5 was accomplished pursuant to paragraph (5) of subsection (a)
6 of this Section 17, shall make written demand on the bank for
7 payment of the fair value of the stockholder's shares as of
8 the day prior to the date on which the vote was taken
9 approving the charter amendment, the bank shall pay to the
10 stockholder, upon surrender of the certificate or
11 certificates representing the stock, the fair value thereof.
12 The demand shall state the number of shares owned by the
13 objecting stockholder. The bank shall provide written notice
14 of the date on which the charter amendment was accomplished
15 to all stockholders who have filed written objections in
16 order that the objecting stockholders may know when they must
17 file written demand if they choose to do so. Any stockholder
18 failing to make demand within the 20-day period shall be
19 conclusively presumed to have consented to the charter
20 amendment and shall be bound by the terms thereof. If within
21 30 days after the date on which a charter amendment was
22 accomplished the value of the shares is agreed upon between
23 the objecting stockholders and the bank, payment therefor
24 shall be made within 90 days after the date on which the
25 charter amendment was accomplished, upon the surrender of the
26 stockholder's certificate or certificates representing the
27 shares. Upon payment of the agreed value the objecting
28 stockholder shall cease to have any interest in the shares or
29 in the bank. If within such period of 30 days the
30 stockholder and the bank do not so agree, then the objecting
31 stockholder may, within 60 days after the expiration of the
32 30-day period, file a complaint in the circuit court asking
33 for a finding and determination of the fair value of the
34 shares, and shall be entitled to judgment against the bank
HB1268 Enrolled -572- LRB9000999EGfg
1 for the amount of the fair value as of the day prior to the
2 date on which the vote was taken approving the charter
3 amendment with interest thereon to the date of the judgment.
4 The practice, procedure and judgment shall be governed by the
5 Civil Practice Law. The judgment shall be payable only upon
6 and simultaneously with the surrender to the bank of the
7 certificate or certificates representing the shares. Upon
8 payment of the judgment, the objecting stockholder shall
9 cease to have any interest in the shares or the bank. The
10 shares may be held and disposed of by the bank. Unless the
11 objecting stockholder shall file such complaint within the
12 time herein limited, the stockholder and all persons claiming
13 under the stockholder shall be conclusively presumed to have
14 approved and ratified the charter amendment, and shall be
15 bound by the terms thereof. The right of an objecting
16 stockholder to be paid the fair value of the stockholder's
17 shares of stock as herein provided shall cease if and when
18 the bank shall abandon the charter amendment.
19 (c) The purchase and holding and later resale of
20 treasury stock of a state bank pursuant to the provisions of
21 subsection (6) of Section 14 may be accomplished without a
22 change in its charter reflecting any decrease or increase in
23 capital stock.
24 (Source: P.A. 89-541, eff. 7-19-96; 90-160, eff. 7-23-97;
25 90-301, eff. 8-1-97; revised 10-22-97.)
26 (205 ILCS 5/48.4)
27 Sec. 48.4. Administrative liens for past-due child
28 support. Any bank governed by this Act shall encumber or
29 surrender accounts or assets held by the bank on behalf of
30 any responsible relative who is subject to a child support
31 lien, upon notice of the lien or levy of the Illinois
32 Department of Public Aid or its successor agency pursuant to
33 Section 10-25.5 of the Illinois Public Aid Code, or upon
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1 notice of interstate lien from any other state's agency
2 responsible for implementing the child support enforcement
3 program set forth in Title IV, Part D of the Social Security
4 Act.
5 (Source: P.A. 90-18, eff. 7-1-97.)
6 (205 ILCS 5/48.5)
7 Sec. 48.5. 48.4. Reliance on Commissioner. No bank or
8 other person shall be liable under this Act for any act done
9 or omitted in good faith in conformity with any rule,
10 interpretation, or opinion issued by the Commissioner of
11 Banks and Real Estate, notwithstanding that after the act or
12 omission has occurred, the rule, opinion, or interpretation
13 upon which reliance is placed is amended, rescinded, or
14 determined by judicial or other authority to be invalid for
15 any reason.
16 (Source: P.A. 90-161, eff. 7-23-97; revised 10-7-97.)
17 Section 83. The Illinois Bank Holding Company Act of
18 1957 is amended by changing Section 3.071 as follows:
19 (205 ILCS 10/3.071) (from Ch. 17, par. 2510.01)
20 Sec. 3.071. Out of state bank holding companies.
21 (a) An out of state bank holding company may acquire
22 ownership of more than 5% of the voting shares of or control
23 of one or more Illinois banks or Illinois bank holding
24 companies pursuant to a transaction, occurrence or event that
25 is described in paragraphs (1) through (5) of subsection (a)
26 of Section 3.02, provided the acquisition is made in
27 accordance with Sections 3.02 and 3.07 of this Act in
28 accordance with subsection (i) of this Section and provided
29 the following conditions are met:
30 (1) (Blank).
31 (2) An out of state bank holding company seeking to
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1 acquire an Illinois bank or Illinois bank holding company
2 pursuant to subsection (a) of Section 3.071 shall, if
3 change in control of the bank is governed by Section 18
4 of the Illinois Banking Act, file with the Commissioner
5 the application required by that Section containing
6 information satisfactory to the Commissioner.
7 (b) (Blank).
8 (c) (Blank).
9 (d) (Blank).
10 (e) (Blank).
11 (f) (Blank).
12 (g) (Blank).
13 (h) (Blank).
14 (i) (1) An out of state bank holding company which
15 directly or indirectly controls or has control over an
16 Illinois bank that has existed and continuously operated
17 as a bank for 5 years or less, may not cause the Illinois
18 bank to merge with or into, or to have all or
19 substantially all of the assets acquired by a bank that
20 is an out of state bank.
21 (2) For purposes of subsection (i)(1) of this
22 Section, an Illinois bank that is the resulting bank
23 following a merger involving an Illinois interim bank
24 shall be considered to have been in existence and
25 continuously operated during the existence and continuous
26 operation of the Illinois merged bank. As used in this
27 subsection (i)(2), the words "resulting bank" and "merged
28 bank" shall have the meanings ascribed to those words in
29 Section 2 of the Illinois Banking Act. As used in this
30 subsection (i)(2), the words "interim bank" shall mean a
31 bank which shall not accept deposits, make loans, pay
32 checks, or engage in the general business of banking or
33 any part thereof, and is chartered solely for the purpose
34 of merging with or acquiring control of, or acquiring all
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1 or substantially all of the assets of an existing
2 Illinois bank.
3 (3) The provisions of subsection (i)(1) of this
4 Section shall not apply to the merger or acquisition of
5 all or substantially all of the assets of an Illinois
6 bank:
7 (i) if the merger or acquisition is part of a
8 purchase or acquisition with respect to which the
9 Federal Deposit Insurance Corporation provides
10 assistance under Section 13(c) of the Federal
11 Deposit Insurance Act; or
12 (ii) if the Illinois bank is in default or in
13 danger of default. As used in this subsection
14 (i)(3)(ii), (i)(3), (ii) the words "in default" and
15 "in danger of default" shall have the meaning
16 ascribed to those words in Section 2 of the Illinois
17 Banking Act.
18 (Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
19 90-226, eff. 7-25-97; revised 10-15-97.)
20 Section 84. The Illinois Savings and Loan Act of 1985 is
21 amended by changing Section 3-11 as follows:
22 (205 ILCS 105/3-11) (from Ch. 17, par. 3303-11)
23 Sec. 3-11. Reports from officers and directors.
24 (a) It is the duty of the secretary of the association to
25 submit to the Commissioner a list of the names and addresses
26 of all officers and directors of the association. This list
27 shall be submitted within 30 days after the election of the
28 association's board of directors, and any additions or
29 changes in the list shall be submitted to the Commissioner
30 within with 30 days after the occurrence of such addition or
31 change. Along with such list there shall also be submitted an
32 affidavit executed by every officer and director containing a
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1 statement which shall set forth details as to the present and
2 for the 5 years preceding the business of every officer and
3 director and the nature and extent of his prior affiliations
4 with any other financial institution.
5 (b) The Commissioner may from time to time require from
6 any officer, consultant, agent or director of any association
7 or its service corporation or other affiliate reports, made
8 under penalty of perjury, concerning such person's
9 performance of his duties as director consultant, agent or
10 officer affecting the association or its service corporation
11 or other affiliate. Any request for such a report shall
12 contain a statement setting forth the reasons and supporting
13 facts for requesting the report and its relevance to the
14 responsibilities of the Commissioner.
15 (Source: P.A. 84-543; revised 12-18-97.)
16 Section 85. The Savings Bank Act is amended by setting
17 forth and renumbering multiple versions of Section 1007.115
18 and changing Section 1008 as follows:
19 (205 ILCS 205/1007.115)
20 Sec. 1007.115. Federal association. "Federal
21 association" means a savings and loan association or savings
22 bank incorporated under the federal Home Owners Loan Act of
23 1993, as now or hereafter amended, whose principal business
24 office is located within this State.
25 (Source: P.A. 90-270, eff. 7-30-97.)
26 (205 ILCS 205/1007.120)
27 Sec. 1007.120. 1007.115. Affiliate facility. "Affiliate
28 facility" of a savings bank means a depository institution
29 main office or branch office of an affiliate depository
30 institution. The depository institution main office or
31 branch office may be an affiliate facility with respect to
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1 one or more affiliated savings banks.
2 (Source: P.A. 90-301, eff. 8-1-97; revised 10-21-97.)
3 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
4 Sec. 1008. General corporate powers.
5 (a) A savings bank operating under this Act shall be a
6 body corporate and politic and shall have all of the specific
7 powers conferred by this Act and in addition thereto, the
8 following general powers:
9 (1) To sue and be sued, complain, and defend in its
10 corporate name and to have a common seal, which it may
11 alter or renew at pleasure.
12 (2) To obtain and maintain insurance by a deposit
13 insurance corporation as defined in this Act.
14 (3) To act as a fiscal agent for the United States,
15 the State of Illinois or any department, branch, arm, or
16 agency of the State or any unit of local government or
17 school district in the State, when duly designated for
18 that purpose, and as agent to perform reasonable
19 functions as may be required of it.
20 (4) To become a member of or deal with any
21 corporation or agency of the United States or the State
22 of Illinois, to the extent that the agency assists in
23 furthering or facilitating its purposes or powers and to
24 that end to purchase stock or securities thereof or
25 deposit money therewith, and to comply with any other
26 conditions of membership or credit.
27 (5) To make donations in reasonable amounts for the
28 public welfare or for charitable, scientific, religious,
29 or educational purposes.
30 (6) To adopt and operate reasonable insurance,
31 bonus, profit sharing, and retirement plans for officers
32 and employees and for directors including, but not
33 limited to, advisory, honorary, and emeritus directors,
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1 who are not officers or employees.
2 (7) To reject any application for membership; to
3 retire deposit accounts by enforced retirement as
4 provided in this Act and the bylaws; and to limit the
5 issuance of, or payments on, deposit accounts, subject,
6 however, to contractual obligations.
7 (8) To purchase stock in service corporations and
8 to invest in any form of indebtedness of any service
9 corporation as defined in this Act, subject to
10 regulations of the Commissioner.
11 (9) To purchase stock of a corporation whose
12 principal purpose is to operate a safe deposit company or
13 escrow service company.
14 (10) To exercise all the powers necessary to
15 qualify as a trustee or custodian under federal or State
16 law, provided that the authority to accept and execute
17 trusts is subject to the provisions of the Corporate
18 Fiduciary Act and to the supervision of those activities
19 by the Commissioner of Banks and Real Estate.
20 (11) (Blank).
21 (12) To establish, maintain, and operate terminals
22 as authorized by the Electronic Fund Transfer Act. The
23 establishment, maintenance, operation, and location of
24 those terminals shall be subject to the approval of the
25 Commissioner.
26 (13) Pledge its assets:
27 (A) to enable it to act as agent for the sale
28 of obligations of the United States;
29 (B) to secure deposits;
30 (C) to secure deposits of money whenever
31 required by the National Bankruptcy Act;
32 (D) to qualify under Section 2-9 of the
33 Corporate Fiduciary Act; and
34 (E) to secure trust funds commingled with the
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1 savings bank's funds, whether deposited by the
2 savings bank or an affiliate of the savings bank, as
3 required under Section 2-8 of the Corporate
4 Fiduciary Act.
5 (14) To accept for payment at a future date not to
6 exceed one year from the date of acceptance, drafts drawn
7 upon it by its customers; and to issue, advise, or
8 confirm letters of credit authorizing holders thereof to
9 draw drafts upon it or its correspondents.
10 (15) Subject to the regulations of the
11 Commissioner, to own and lease personal property acquired
12 by the savings bank at the request of a prospective
13 lessee and, upon the agreement of that person, to lease
14 the personal property.
15 (16) To establish temporary service booths at any
16 International Fair in this State that is approved by the
17 United States Department of Commerce for the duration of
18 the international fair for the purpose of providing a
19 convenient place for foreign trade customers to exchange
20 their home countries' currency into United States
21 currency or the converse. To provide temporary periodic
22 service to persons residing in a bona fide nursing home,
23 senior citizens' retirement home, or long-term care
24 facility. These powers shall not be construed as
25 establishing a new place or change of location for the
26 savings bank providing the service booth.
27 (17) To indemnify its officers, directors,
28 employees, and agents, as authorized for corporations
29 under Section 8.75 of the Business Corporations Act of
30 1983.
31 (18) To provide data processing services to others
32 on a for-profit basis.
33 (19) To utilize any electronic technology to
34 provide customers with home banking services.
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1 (20) Subject to the regulations of the
2 Commissioner, to enter into an agreement to act as a
3 surety.
4 (21) Subject to the regulations of the
5 Commissioner, to issue credit cards, extend credit
6 therewith, and otherwise engage in or participate in
7 credit card operations.
8 (22) To purchase for its own account shares of
9 stock of a bankers' bank, described in Section 13(b)(1)
10 of the Illinois Banking Act, on the same terms and
11 conditions as a bank may purchase such shares. In no
12 event shall the total amount of such stock held by a
13 savings bank in such bankers' bank exceed 10% of its
14 capital and surplus (including undivided profits) and in
15 no event shall a savings bank acquire more than 5% of any
16 class of voting securities of such bankers' bank.
17 (23) With respect to affiliate facilities:
18 (A) to conduct at affiliate facilities any of
19 the following transactions for and on behalf of any
20 affiliated depository institution, if so authorized
21 by the affiliate or affiliates: receiving deposits;
22 renewing deposits; cashing and issuing checks,
23 drafts, money orders, travelers checks, or similar
24 instruments; changing money; receiving payments on
25 existing indebtedness; and conducting ministerial
26 functions with respect to loan applications,
27 servicing loans, and providing loan account
28 information; and
29 (B) to authorize an affiliated depository
30 institution to conduct for and on behalf of it, any
31 of the transactions listed in this subsection at one
32 or more affiliate facilities.
33 A savings bank intending to conduct or to authorize
34 an affiliated depository institution to conduct at an
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1 affiliate facility any of the transactions specified in
2 this subsection shall give written notice to the
3 Commissioner at least 30 days before any such transaction
4 is conducted at an affiliate facility. All conduct under
5 this subsection shall be on terms consistent with safe
6 and sound banking practices and applicable law.
7 (24) (23) Subject to Article XLIV of the Illinois
8 Insurance Code, to act as the agent for any fire, life,
9 or other insurance company authorized by the State of
10 Illinois, by soliciting and selling insurance and
11 collecting premiums on policies issued by such company;
12 and may receive for services so rendered such fees or
13 commissions as may be agreed upon between the said
14 savings bank and the insurance company for which it may
15 act as agent; provided, however, that no such savings
16 bank shall in any case assume or guarantee the payment of
17 any premium on insurance policies issued through its
18 agency by its principal; and provided further, that the
19 savings bank shall not guarantee the truth of any
20 statement made by an assured in filing his application
21 for insurance.
22 (25) (23) To become a member of the Federal Home
23 Loan Bank Board and to have the powers granted to a
24 savings association organized under the Illinois Savings
25 and Loan Act of 1985 or the laws of the United States,
26 subject to regulations of the Commissioner.
27 (b) If this Act or the regulations adopted under this
28 Act fail to provide specific guidance in matters of corporate
29 governance, the provisions of the Business Corporation Act of
30 1983 may be used.
31 (Source: P.A. 89-74, eff. 6-30-95; 89-310, eff. 1-1-96;
32 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-508, eff.
33 7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
34 7-1-97; 90-41, eff. 10-1-97; 90-270, eff. 7-30-97; 90-301,
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1 eff. 8-1-97; revised 10-21-97.)
2 Section 86. The Illinois Credit Union Act is amended by
3 changing Sections 13 and 58 as follows:
4 (205 ILCS 305/13) (from Ch. 17, par. 4414)
5 Sec. 13. General Powers. A credit union may:
6 (1) Make contracts; sue and be sued; adopt and use a
7 common seal and alter same;
8 (2) Acquire, lease (either as lessee or lessor), hold,
9 pledge, mortgage, sell and dispose of real property, either
10 in whole or in part, or any interest therein, as may be
11 necessary or is incidental to its present or future
12 operations and needs, subject to such limitations as may be
13 imposed thereon in rules and regulations promulgated by the
14 Director; acquire, lease (either as lessee or lessor), hold,
15 pledge, mortgage, sell and dispose of or personal property,
16 either in whole or in part, or any interest therein, as may
17 be necessary or is incidental to its present or future
18 operations and needs;
19 (3) At the discretion of the Board of Directors, require
20 the payment of an entrance fee or annual membership fee, or
21 both, of any person admitted to membership;
22 (4) Receive savings from its members in the form of
23 shares of various classes, or special purpose share accounts;
24 act as custodian of its members' accounts; issue shares in
25 trust as provided in this Act;
26 (5) Lend its funds to its members and otherwise as
27 hereinafter provided;
28 (6) Borrow from any source in accordance with policy
29 established by the Board of Directors to a maximum of 50% of
30 capital, surplus and reserves;
31 (7) Discount and sell any obligations owed to the credit
32 union;
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1 (8) Honor requests for withdrawals or transfers of all
2 or any part of member share accounts, and any classes
3 thereof, in any manner approved by the credit union Board of
4 Directors;
5 (9) Sell all or substantially all of its assets or
6 purchase all or substantially all of the assets of another
7 credit union, subject to the prior approval of the Director;
8 (10) Invest surplus funds as provided in this Act;
9 (11) Make deposits in banks, savings banks, savings and
10 loan associations, trust companies; and invest in shares,
11 classes of shares or share certificates of other credit
12 unions;
13 (12) Assess charges and fees to members in accordance
14 with board resolution;
15 (13) Hold membership in and pay dues to associations and
16 organizations; to invest in shares, stocks or obligations of
17 any credit union organization;
18 (14) Declare dividends and pay interest refunds to
19 borrowers as provided in this Act;
20 (15) Collect, receive and disburse monies in connection
21 with providing negotiable checks, money orders and other
22 money-type instruments, and for such other purposes as may
23 provide benefit or convenience to its members, and charge a
24 reasonable fee for such services;
25 (16) Act as fiscal agent for and receive deposits from
26 the federal government, this state or any agency or political
27 subdivision thereof;
28 (17) Receive savings from nonmembers in the form of
29 shares or share accounts in the case of credit unions serving
30 predominantly low-income members. The term "low income
31 members" shall mean those members whose annual income falls
32 at or below the lower level standard of living classification
33 as established by the Bureau of Labor Statistics and updated
34 by the Employment and Training Administration of the U.S.
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1 Department of Labor. The term "predominantly" is defined as a
2 simple majority;
3 (18) To establish, maintain, and operate terminals as
4 authorized by the Electronic Fund Transfer Act; and
5 (19) Subject to Article XLIV of the Illinois Insurance
6 Code, to act as the agent for any fire, life, or other
7 insurance company authorized by the State of Illinois, by
8 soliciting and selling insurance and collecting premiums on
9 policies issued by such company; and may receive for services
10 so rendered such fees or commissions as may be agreed upon
11 between the said credit union and the insurance company for
12 which it may act as agent; provided, however, that no such
13 credit union shall in any case assume or guarantee the
14 payment of any premium on insurance policies issued through
15 its agency by its principal; and provided further, that the
16 credit union shall not guarantee the truth of any statement
17 made by an assured in filing his application for insurance.
18 (Source: P.A. 89-310, eff. 1-1-96; 90-41, eff. 10-1-97;
19 revised 12-18-97.)
20 (205 ILCS 305/58) (from Ch. 17, par. 4459)
21 Sec. 58. Share insurance.
22 (1) Each credit union operating in this State shall
23 insure its share accounts with the NCUA, under 12 U.S.C. 1781
24 et. seq. (Sec. 201 et. seq. of the Federal Credit Union Act)
25 or with such other insurers as may be jointly approved by the
26 Director of Financial Institutions and the Director of
27 Insurance. Each approved insurer shall be found to be
28 financially sound and to employ approved actuarial practices.
29 The Director shall determine that a firm commitment to insure
30 share accounts has been issued before a charter may be
31 granted for a new credit union. Application for such
32 insurance by credit unions in existence on the effective date
33 of this Section shall be made not later than December 31,
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1 1981 and such credit unions shall receive a commitment to
2 insure share accounts by December 31, 1984.
3 (2) A credit union which has been denied a commitment of
4 insurance of accounts shall either dissolve, merge with
5 another credit union, or apply in writing, within 30 days of
6 denial, to the Director for additional time to obtain an
7 insurance commitment. The Director may grant up to 24 months
8 additional time upon satisfactory evidence that the credit
9 union is making a substantial effort to achieve the
10 conditions precedent to issuance of the commitment.
11 (3) The Director shall cooperate with the NCUA or other
12 approved insurers by furnishing copies of financial and
13 examination reports and other information bearing on the
14 financial condition of any credit union.
15 (Source: P.A. 81-1526; revised 6-27-97.)
16 Section 87. The Pawnbroker Regulation Act is amended by
17 changing Section 5 as follows:
18 (205 ILCS 510/5) (from Ch. 17, par. 4655)
19 Sec. 5. Record requirements.
20 (a) Except in municipalities located in counties having
21 3,000,000 or more inhabitants, every pawn and loan broker
22 shall keep a standard record book that has been approved by
23 the sheriff of the county in which the pawnbroker does
24 business. printed, typed, or In municipalities in counties
25 with 3,000,000 or more inhabitants, the record book shall be
26 approved by the police department of the municipality in
27 which the pawn or loan broker does business. At the time of
28 each and every loan or taking of a pledge, an accurate
29 account and description, in the English language, of all the
30 goods, articles and other things pawned or pledged, the
31 amount of money, value or thing loaned thereon, the time of
32 pledging the same, the rate of interest to be paid on such
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1 loan, and the name and residence of the person making such
2 pawn or pledge shall be printed, typed, or written in ink in
3 the record book. Such entry shall include the serial number
4 or identification number of items received which are required
5 to bear such number. Except for items purchased from dealers
6 possessing a federal employee identification number who have
7 provided a receipt to the pawnbroker, every pawnbroker shall
8 also record in his book, an accurate account and description,
9 in the English language, of all goods, articles and other
10 things purchased or received for the purpose of resale or
11 loan collateral by the pawnbroker from any source, not in the
12 course of a pledge or loan, the time of such purchase or
13 receipt and the name and address of the person or business
14 which sold or delivered such goods, articles, or other things
15 to the pawnbroker. No entry in such book shall be erased,
16 mutilated or changed.
17 (b) Every pawnbroker shall require 2 forms of
18 identification to be shown him by each person pledging or
19 pawning any goods, articles or other things to the
20 pawnbroker. One of the two forms of identification must
21 include his or her residence address. These forms of
22 identification shall include, but not be limited to, any of
23 the following: driver's license, social security card,
24 utility bill, employee or student identification card, credit
25 card, or a civic, union or professional association
26 membership card.
27 (c) A pawnbroker may maintain the records required by
28 subsection (a) in computer form if the computer form has been
29 approved by the Commissioner, the sheriff of the county in
30 which the shop is located, and the police department of the
31 municipality in which the shop is located.
32 (d) Records, including reports to the Commissioner,
33 maintained by pawnbrokers shall be confidential, and no
34 disclosure of pawnbroker records shall be made except
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1 disclosures authorized by this Act or ordered by a court of
2 competent jurisdiction. No record transferred to a
3 governmental official shall be improperly disclosed, provided
4 that use of those records as evidence of a felony or
5 misdemeanor shall be a proper purpose.
6 (e) Pawnbrokers and their associations may lawfully give
7 appropriate governmental agencies computer equipment for the
8 purpose of transferring information pursuant to this Act.
9 (Source: P.A. 90-56, eff. 7-3-97; 90-477, eff. 7-1-98;
10 revised 11-24-97.)
11 Section 88. The Corporate Fiduciary Act is amended by
12 changing Sections 1-2, 1-6, and 6-10 and setting forth and
13 renumbering multiple versions of Section 2-12 as follows:
14 (205 ILCS 620/1-2) (from Ch. 17, par. 1551-2)
15 Sec. 1-2. Policy of Act. The General Assembly finds
16 that corporate fiduciaries perform a vital service in the
17 administration of trusts, guardianship, receiverships,
18 estates and other fiduciary capacities; that it is in the the
19 public interest that prior to accepting any fiduciary
20 appointment, a corporate fiduciary meet minimum
21 qualifications with respect to financial capacity as well as
22 managerial competence and integrity; that the operation of a
23 corporate fiduciary is impressed with a public interest such
24 that it should be supervised as an activity affecting the
25 general welfare of the people of the State of Illinois; and
26 that a corporate fiduciary should obtain its authority,
27 conduct its operations and be supervised as provided in this
28 Act.
29 (Source: P.A. 85-858; revised 6-27-97.)
30 (205 ILCS 620/1-6) (from Ch. 17, par. 1551-6)
31 Sec. 1-6. General Corporate Powers. A corporate
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1 fiduciary shall have the powers:
2 (a) if it is a State bank, those powers granted
3 under Sections 3 and 5 of the Illinois Banking Act, as
4 now or hereafter amended; and
5 (b) if it is a State savings and loan association,
6 those powers granted under Sections 1-6 through 1-8 of
7 the Illinois Savings and Loan Act of 1985, as now or
8 hereafter amended; and
9 (c) if it is a corporation organized under the
10 Business Corporation Act of 1983, as now or hereafter
11 amended, or a limited liability company organized under
12 the Limited Liability Company Act, those powers granted
13 in Sections 4.01 through 4.24 of the Trusts and Trustees
14 Act, as now or hereafter amended, to the extent the
15 exercise of such powers by the corporate fiduciary are
16 not contrary to the instrument containing the appointment
17 of the corporate fiduciary, the court order appointing
18 the corporate fiduciary or any other statute specifically
19 limiting the power of the corporate fiduciary under the
20 circumstances; and
21 (d) subject to Article XLIV of the Illinois
22 Insurance Code, to act as the agent for any fire, life,
23 or other insurance company authorized by the State of
24 Illinois, by soliciting and selling insurance and
25 collecting premiums on policies issued by such company;
26 and may receive for services so rendered such fees or
27 commissions as may be agreed upon between the said
28 corporate fiduciary and the insurance company for which
29 it may act as agent; provided, however, that no such
30 corporate fiduciary shall in any case assume or guarantee
31 the payment of any premium on insurance policies issued
32 through its agency by its principal; and provided
33 further, that the corporate fiduciary shall not guarantee
34 the truth of any statement made by an assured in filing
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1 his application for insurance.
2 The Commissioner may specify powers of corporate
3 fiduciaries generally or of a particular corporate fiduciary
4 and by rule or order limit or restrict such powers of
5 corporate fiduciaries or a particular corporate fiduciary if
6 he finds the exercise of such power by corporate fiduciaries
7 generally or of the corporate fiduciary in particular may
8 tend to be an unsafe or unsound practice, or if such power is
9 otherwise not in the interest of beneficiaries of any
10 fiduciary appointment.
11 (Source: P.A. 90-41, eff. 10-1-97; 90-424, eff. 1-1-98;
12 revised 11-4-97.)
13 (205 ILCS 620/2-12)
14 Sec. 2-12. Reproductions of documents. Notwithstanding
15 any other provision of law, if a corporate fiduciary
16 possesses, records, or creates any document, memorandum,
17 writing, entry, representation, or combination thereof, of
18 any act, transaction, occurrence, event, or agreement
19 (including, without limitation, a trust agreement or
20 amendment thereto, but excluding in all events an original
21 will or codicil thereto) and in the regular course of
22 business has caused any or all of the same to be recorded,
23 copied, or reproduced by photographic, photostatic,
24 facsimile, microfiche, optical, or electronic imaging, or any
25 other electronic or computer-generated process that
26 accurately reproduces or forms a medium for so reproducing
27 the original, the original may be destroyed in the regular
28 course of business and such recording, copy, or reproduction
29 shall be admissible in evidence in the same manner as the
30 original in any proceeding, whether the original is in
31 existence or not. This Section shall not be construed to
32 exclude from evidence any document or copy thereof that is
33 otherwise admissible under the rules of evidence.
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1 (Source: P.A. 90-298, eff. 8-1-97.)
2 (205 ILCS 620/2-13)
3 Sec. 2-13. 2-12. Employment of persons with convictions.
4 Except with the prior written consent of the Commissioner, no
5 person having a certificate of authority under this Act shall
6 knowingly employ or otherwise permit an individual to serve
7 as an officer, director, employee, or agent if the individual
8 has been convicted of a felony or of any criminal offense
9 relating to dishonesty or breach of trust.
10 (Source: P.A. 90-301, eff. 8-1-97; revised 10-15-97.)
11 (205 ILCS 620/6-10) (from Ch. 17, par. 1556-10)
12 Sec. 6-10. The receiver for a corporate fiduciary, under
13 the direction of the Commissioner, shall have the power and
14 authority and is charged with the duties and responsibilities
15 as follows:
16 (1) To take possession of, and for the purpose of the
17 receivership, the title to the books, records and assets of
18 every description of the corporate fiduciary.
19 (2) To proceed to collect all debts, dues and claims
20 belonging to the corporate fiduciary.
21 (3) To file with the Commissioner a copy of each report
22 which he makes to the court, together with such other reports
23 and records as the Commissioner may require.
24 (4) The receiver shall have authority to sue and defend
25 in the receiver's own wn name and with respect to the
26 affairs, assets, claims, debts and chooses in action of the
27 corporate fiduciary.
28 (5) The receiver shall have authority, and it shall be
29 the receiver's duty, to surrender to the customers of such
30 corporate fiduciary, when requested in writing directed to
31 the receiver by such customers, the assets, private papers
32 and valuables left with the corporate fiduciary for
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1 safekeeping, under a custodial or agency agreement, upon
2 satisfactory proof of ownership.
3 (6) As soon as can reasonably be done, the receiver
4 shall resign on behalf of the corporate fiduciary, all
5 trusteeships, guardianships, and all appointments as executor
6 and administrator, or as custodian under the Illinois Uniform
7 Transfers to Minors Act, as now or hereafter amended, or as
8 fiduciary under custodial or agency agreements or under the
9 terms of any other written agreement or court order
10 whereunder the corporate fiduciary is holding property in a
11 fiduciary capacity for the benefit of another person, making
12 in each case, from the records and documents available to the
13 receiver, a proper accounting, in the manner and scope as
14 determined by the Commissioner to be practical and advisable
15 under the circumstances, on behalf of the corporate
16 fiduciary. The receiver, prior to resigning, shall cause a
17 successor trustee or fiduciary to be appointed pursuant to
18 the terms set forth in the governing instrument or pursuant
19 to the provisions of the Trusts and Trustees Act, as now or
20 hereafter amended, if applicable, then the receiver shall
21 make application to the court having jurisdiction over the
22 liquidation or winding up of the corporate fiduciary, for the
23 appointment of a successor. The receiver, if a corporate
24 fiduciary, shall not be disqualified from acting as successor
25 trustee or fiduciary if appointed under the terms of the
26 governing instrument, by court order or by the customer of
27 the corporate fiduciary whose affairs are being liquidated or
28 wound up and, in such case, no guardian ad litem need be
29 appointed to review the accounting of the receiver unless the
30 beneficiaries or customers of the corporate fiduciary so
31 request in writing.
32 (7) The receiver shall have authority to redeem or take
33 down collateral hypothecated by the corporate fiduciary to
34 secure its notes and other evidence of indebtedness whenever
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1 the Commissioner deems it to be in the best interest of the
2 creditors of the corporate fiduciary and directs the receiver
3 so to do.
4 (8) Whenever the receiver shall find it necessary in the
5 receiver's opinion to use and employ money of the corporate
6 fiduciary, in order to protect fully and benefit the
7 corporate fiduciary, by the purchase or redemption of any
8 property, real or personal, in which the corporate fiduciary
9 may have any rights by reason of any bond, mortgage,
10 assignment, or other claim thereto, the receiver may certify
11 the facts together with the receiver's opinions as to the
12 value of the property involved, and the value of the equity
13 the corporate fiduciary may have in the property to the
14 Commissioner, together with a request for the right and
15 authority to use and employ so much of the money of the
16 corporate fiduciary as may be necessary to purchase the
17 property, or to redeem the same from a sale if there was a
18 sale, and if such request is granted, the receiver may use so
19 much of the money of the corporate fiduciary as the
20 Commissioner may have authorized to purchase said property at
21 such sale.
22 (9) The receiver shall deposit daily all monies
23 collected by the receiver in any State or national bank
24 selected by the Commissioner, who may require (and the bank
25 so selected may furnish) of such depository satisfactory
26 securities or satisfactory surety bond for the safekeeping
27 and prompt payment of the money so deposited. The deposits
28 shall be made in the name of the Commissioner in trust for
29 the receiver and be subject to withdrawal upon the receiver's
30 order or upon the order of such persons as the Commissioner
31 may designate. Such monies may be deposited without
32 interest, unless otherwise agreed. However, if any interest
33 was paid by such depository, it shall accrue to the benefit
34 of the particular trust or fiduciary account to which the
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1 deposit belongs. Except as otherwise directed by the
2 Commissioner, notwithstanding any other provision of this
3 paragraph, the receiver's investment and other powers shall
4 be those under the governing instrument or under the Trusts
5 and Trustees Act, as now or hereafter amended, and shall
6 include the power to pay out income and principal in
7 accordance with the terms of the governing instrument.
8 (10) The receiver shall do such things and take such
9 steps from time to time under the direction and approval of
10 the Commissioner as may reasonably appear to be necessary to
11 conserve the corporate fiduciary's assets and secure the best
12 interests of the creditors of the corporate fiduciary.
13 (11) The receiver shall record any judgment of
14 dissolution entered in a dissolution proceeding and thereupon
15 turn over to the Commissioner a certified copy thereof,
16 together with all books of accounts and ledgers of such
17 corporate fiduciary for preservation, as distinguished from
18 the books of accounts and ledgers of the corporate fiduciary
19 relating to the assets of the beneficiaries of such fiduciary
20 relations, all of which books of accounts and ledgers shall
21 be turned over by the receiver to the successor trustee or
22 fiduciary.
23 (12) The receiver may cause all assets of the
24 beneficiaries of such fiduciary relations to be registered in
25 the name of the receiver or in the name of the receiver's
26 nominee.
27 (13) The receiver shall have a reasonable period of time
28 in which to review all of the trust accounts, executorships,
29 administrationships, guardianships, or other fiduciary
30 relationships, in order to ascertain that the investments by
31 the corporate fiduciary of the assets of such trust accounts,
32 executorships, administrationships, guardianships or other
33 fiduciary relationships comply with the terms of the
34 governing instrument, the prudent person rule governing the
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1 investment of such funds, or any other law regulating the
2 investment of such funds.
3 (14) For its services in administering the trusts and
4 other fiduciary accounts of the corporate fiduciary during
5 the period of winding up the affairs of the corporate
6 fiduciary, the receiver shall be entitled to be reimbursed
7 for all costs and expenses incurred by the receiver and shall
8 also be entitled to receive out of the assets of the
9 individual fiduciary accounts being administered by the
10 receiver during the period of winding up the affairs of the
11 corporate fiduciary and prior to the appointment of a
12 successor trustee or fiduciary, the usual and customary fees
13 charged by the receiver in the administration of its own
14 fiduciary accounts or reasonable fees approved by the
15 Commissioner.
16 (15) The receiver, during its administration of the
17 trusts and other fiduciary accounts of the corporate
18 fiduciary during the winding up of the affairs of the
19 corporate fiduciary, shall have all of the powers which are
20 vested in trustees under the terms and provisions of the
21 Trusts and Trustees Act, as now or hereafter amended.
22 (16) Upon the appointment of a successor trustee or
23 fiduciary, the receiver shall deliver to such successor
24 trustee or fiduciary all of the assets belonging to the
25 individual trust or fiduciary account as to which the
26 successor trustee or fiduciary succeeds, and the receiver
27 shall thereupon be relieved of any further duties or
28 obligations with respect thereto.
29 (Source: P.A. 86-754; revised 6-27-97.)
30 Section 89. The Foreign Banking Office Act is amended by
31 setting forth and renumbering multiple versions of Section 20
32 as follows:
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1 (205 ILCS 645/20)
2 Sec. 20. Administrative liens for past-due child
3 support. Any foreign banking corporation governed by this
4 Act shall encumber or surrender accounts or assets held by
5 the foreign banking corporation on behalf of any responsible
6 relative who is subject to a child support lien, upon notice
7 of the lien or levy of the Illinois Department of Public Aid
8 or its successor agency pursuant to Section 10-25.5 of the
9 Illinois Public Aid Code, or upon notice of interstate lien
10 from any other state's agency responsible for implementing
11 the child support enforcement program set forth in Title IV,
12 Part D of the Social Security Act.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 (205 ILCS 645/21)
15 Sec. 21. 20. Reliance on Commissioner. No foreign
16 banking corporation or other person shall be liable under
17 this Act for any act done or omitted in good faith in
18 conformity with any rule, interpretation, or opinion issued
19 by the Commissioner of Banks and Real Estate, notwithstanding
20 that after the act or omission has occurred, the rule,
21 opinion, or interpretation upon which reliance is placed is
22 amended, rescinded, or determined by judicial or other
23 authority to be invalid for any reason.
24 (Source: P.A. 90-161, eff. 7-23-97; revised 10-7-97.)
25 Section 90. The Foreign Bank Representative Office Act
26 is amended by setting forth and renumbering multiple versions
27 of Section 7 as follows:
28 (205 ILCS 650/7)
29 Sec. 7. Reliance on Commissioner. No foreign bank or
30 other person shall be liable under this Act for any act done
31 or omitted in good faith in conformity with any rule,
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1 interpretation, or opinion issued by the Commissioner of
2 Banks and Real Estate, notwithstanding that after the act or
3 omission has occurred, the rule, opinion, or interpretation
4 upon which reliance is placed is amended, rescinded, or
5 determined by judicial or other authority to be invalid for
6 any reason.
7 (Source: P.A. 90-161, eff. 7-23-97.)
8 (205 ILCS 650/8)
9 Sec. 8. 7. Powers of the Commissioner. The Commissioner
10 shall have under this Act all of the powers granted to him
11 under the Illinois Banking Act to the extent necessary to
12 enable the Commissioner to supervise the representative
13 office of a foreign bank holding a license.
14 (Source: P.A. 90-301, eff. 8-1-97; revised 10-7-97.)
15 Section 91. The Check Printer and Check Number Act is
16 amended by changing Section 30 as follows:
17 (205 ILCS 690/30)
18 Sec. 30. Civil action. When the Commissioner believes a
19 person has violated, is violating, or will violate this Act
20 or a rule prescribed under this Act, the Commissioner may
21 request the Attorney General to bring a civil action in
22 circuit court to enjoin the violation or enforce compliance
23 with this Act or a rule prescribed under this Act. A person
24 not complying with an injunction issued under this Section is
25 liable to the State of Illinois in a civil suit for an amount
26 of not more than $10,000.
27 (Source: P.A. 90-184, eff. 7-23-97; revised 11-14-97.)
28 Section 92. The Alternative Health Care Delivery Act is
29 amended by changing Section 25 as follows:
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1 (210 ILCS 3/25)
2 Sec. 25. Department responsibilities. The Department
3 shall have the responsibilities set forth in this Section.
4 (a) The Department shall adopt rules for each
5 alternative health care model authorized under this Act that
6 shall include but not be limited to the following:
7 (1) Further definition of the alternative health
8 care models.
9 (2) The definition and scope of the demonstration
10 program, including the implementation date and period of
11 operation, not to exceed 5 years.
12 (3) License application information required by the
13 Department.
14 (4) The care of patients in the alternative health
15 care models.
16 (5) Rights afforded to patients of the alternative
17 health care models.
18 (6) Physical plant requirements.
19 (7) License application and renewal fees, which may
20 cover the cost of administering the demonstration
21 program.
22 (8) Information that may be necessary for the Board
23 and the Department to monitor and evaluate the
24 alternative health care model demonstration program.
25 (9) Administrative fines that may be assessed by
26 the Department for violations of this Act or the rules
27 adopted under this Act.
28 (b) The Department shall issue, renew, deny, suspend, or
29 revoke licenses for alternative health care models.
30 (c) The Department shall perform licensure inspections
31 of alternative health care models as deemed necessary by the
32 Department to ensure compliance with this Act or rules.
33 (d) The Department shall deposit application fees,
34 renewal fees, and fines into the Regulatory Evaluation and
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1 Basic Enforcement Fund.
2 (e) (d) The Department shall assist the Board in
3 performing the Board's responsibilities under this Act.
4 (Source: P.A. 87-1188; revised 12-18-97.)
5 Section 93. The Illinois Clinical Laboratory and Blood
6 Bank Act is amended by changing Section 7-101 as follows:
7 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
8 Sec. 7-101. Examination of specimens. A clinical
9 laboratory shall examine specimens only at the request of (i)
10 a licensed physician, (ii) a licensed dentist, (iii) a
11 licensed podiatrist, (iv) a therapeutic optometrist for
12 diagnostic or therapeutic purposes related to the use of
13 diagnostic topical or therapeutic ocular pharmaceutical
14 agents, as defined in subsections (c) and (d) of Section 15.1
15 of the Illinois Optometric Practice Act of 1987, (v) a
16 licensed physician assistant in accordance with the written
17 guidelines required under subdivision (3) of Section 4 and
18 under Section 7.5 of the Physician Assistant Practice Act of
19 1987, or (vi) an authorized law enforcement agency or, in the
20 case of blood alcohol, at the request of the individual for
21 whom the test is to be performed in compliance with Sections
22 11-501 and 11-501.1 of the Illinois Vehicle Code. If the
23 request to a laboratory is oral, the physician or other
24 authorized person shall submit a written request to the
25 laboratory within 48 hours. If the laboratory does not
26 receive the written request within that period, it shall note
27 that fact in its records.
28 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
29 revised 10-23-97.)
30 Section 94. The Abused and Neglected Long Term Care
31 Facility Residents Reporting Act is amended by changing
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1 Section 6.2 as follows:
2 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
3 (Section scheduled to be repealed on January 1, 2000)
4 Sec. 6.2. Inspector General.
5 (a) The Governor shall appoint, and the Senate shall
6 confirm, an Inspector General who shall function within the
7 Department of Human Services and report to the Secretary of
8 Human Services and the Governor. The Inspector General shall
9 investigate reports of suspected abuse or neglect (as those
10 terms are defined in Section 3 of this Act) of patients or
11 residents in any mental health or developmental disabilities
12 facility operated by the Department of Human Services and
13 shall have authority to investigate and take immediate action
14 on reports of abuse or neglect of recipients, whether
15 patients or residents, in any mental health or developmental
16 disabilities facility or program that is licensed or
17 certified by the Department of Human Services (as successor
18 to the Department of Mental Health and Developmental
19 Disabilities) or that is funded by the Department of Human
20 Services (as successor to the Department of Mental Health and
21 Developmental Disabilities) and is not licensed or certified
22 by any agency of the State. At the specific, written request
23 of an agency of the State other than the Department of Human
24 Services (as successor to the Department of Mental Health and
25 Developmental Disabilities), the Inspector General may
26 cooperate in investigating reports of abuse and neglect of
27 persons with mental illness or persons with developmental
28 disabilities. The Inspector General shall have no
29 supervision over or involvement in routine, programmatic,
30 licensure, or certification operations of the Department of
31 Human Services or any of its funded agencies.
32 The Inspector General shall promulgate rules establishing
33 minimum requirements for reporting allegations of abuse and
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1 neglect and initiating, conducting, and completing
2 investigations. The promulgated rules shall clearly set
3 forth that in instances where 2 or more State agencies could
4 investigate an allegation of abuse or neglect, the Inspector
5 General shall not conduct an investigation that is redundant
6 to an investigation conducted by another State agency. The
7 rules shall establish criteria for determining, based upon
8 the nature of the allegation, the appropriate method of
9 investigation, which may include, but need not be limited to,
10 site visits, telephone contacts, or requests for written
11 responses from agencies. The rules shall also clarify how
12 the Office of the Inspector General shall interact with the
13 licensing unit of the Department of Human Services in
14 investigations of allegations of abuse or neglect. Any
15 allegations or investigations of reports made pursuant to
16 this Act shall remain confidential until a final report is
17 completed. The resident or patient who allegedly was abused
18 or neglected and his or her legal guardian shall be informed
19 by the facility or agency of the report of alleged abuse or
20 neglect. Final reports regarding unsubstantiated or unfounded
21 allegations shall remain confidential, except that final
22 reports may be disclosed pursuant to Section 6 of this Act.
23 The Inspector General shall be appointed for a term of 4
24 years.
25 (b) The Inspector General shall within 24 hours after
26 receiving a report of suspected abuse or neglect determine
27 whether the evidence indicates that any possible criminal act
28 has been committed. If he determines that a possible criminal
29 act has been committed, or that special expertise is required
30 in the investigation, he shall immediately notify the
31 Department of State Police. The Department of State Police
32 shall investigate any report indicating a possible murder,
33 rape, or other felony. All investigations conducted by the
34 Inspector General shall be conducted in a manner designed to
HB1268 Enrolled -601- LRB9000999EGfg
1 ensure the preservation of evidence for possible use in a
2 criminal prosecution.
3 (b-5) The Inspector General shall make a determination
4 to accept or reject a preliminary report of the investigation
5 of alleged abuse or neglect based on established
6 investigative procedures. The facility or agency may request
7 clarification or reconsideration based on additional
8 information. For cases where the allegation of abuse or
9 neglect is substantiated, the Inspector General shall require
10 the facility or agency to submit a written response. The
11 written response from a facility or agency shall address in a
12 concise and reasoned manner the actions that the agency or
13 facility will take or has taken to protect the resident or
14 patient from abuse or neglect, prevent reoccurrences, and
15 eliminate problems identified and shall include
16 implementation and completion dates for all such action.
17 (c) The Inspector General shall, within 10 calendar days
18 after the transmittal date of a completed investigation where
19 abuse or neglect is substantiated or administrative action is
20 recommended, provide a complete report on the case to the
21 Secretary of Human Services and to the agency in which the
22 abuse or neglect is alleged to have happened. The complete
23 report shall include a written response from the agency or
24 facility operated by the State to the Inspector General that
25 addresses in a concise and reasoned manner the actions that
26 the agency or facility will take or has taken to protect the
27 resident or patient from abuse or neglect, prevent
28 reoccurrences, and eliminate problems identified and shall
29 include implementation and completion dates for all such
30 action. The Secretary of Human Services shall accept or
31 reject the response and establish how the Department will
32 determine whether the facility or program followed the
33 approved response. The Secretary may require Department
34 personnel to visit the facility or agency for training,
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1 technical assistance, programmatic, licensure, or
2 certification purposes. Administrative action, including
3 sanctions, may be applied should the Secretary reject the
4 response or should the facility or agency fail to follow the
5 approved response. The facility or agency shall inform the
6 resident or patient and the legal guardian whether the
7 reported allegation was substantiated, unsubstantiated, or
8 unfounded. There shall be an appeals process for any person
9 or agency that is subject to any action based on a
10 recommendation or recommendations.
11 (d) The Inspector General may recommend to the
12 Departments of Public Health and Human Services sanctions to
13 be imposed against mental health and developmental
14 disabilities facilities under the jurisdiction of the
15 Department of Human Services for the protection of residents,
16 including appointment of on-site monitors or receivers,
17 transfer or relocation of residents, and closure of units.
18 The Inspector General may seek the assistance of the Attorney
19 General or any of the several State's attorneys in imposing
20 such sanctions.
21 (e) The Inspector General shall establish and conduct
22 periodic training programs for Department employees
23 concerning the prevention and reporting of neglect and abuse.
24 (f) The Inspector General shall at all times be granted
25 access to any mental health or developmental disabilities
26 facility operated by the Department, shall establish and
27 conduct unannounced site visits to those facilities at least
28 once annually, and shall be granted access, for the purpose
29 of investigating a report of abuse or neglect, to any
30 facility or program funded by the Department that is subject
31 under the provisions of this Section to investigation by the
32 Inspector General for a report of abuse or neglect.
33 (g) Nothing in this Section shall limit investigations
34 by the Department of Human Services that may otherwise be
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1 required by law or that may be necessary in that Department's
2 capacity as the central administrative authority responsible
3 for the operation of State mental health and developmental
4 disability facilities.
5 (h) This Section is repealed on January 1, 2000.
6 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
7 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; revised
8 11-14-97.)
9 Section 95. The Nursing Home Care Act is amended by
10 changing Section 3-508 as follows:
11 (210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)
12 Sec. 3-508. A receiver appointed under this Act:
13 (a) Shall exercise those powers and shall perform those
14 duties set out by the court;
15 (b) Shall operate the facility in such a manner as to
16 assure safety and adequate health care for the residents;
17 (c) Shall have the same rights to possession of the
18 building in which the facility is located and of all goods
19 and fixtures in the building at the time the petition for
20 receivership is filed as the owner would have had if the
21 receiver had not been appointed, and of all assets of the
22 facility. The receiver shall take such action as is
23 reasonably necessary to protect or conserve the assets or
24 property of which the receiver takes possession, or the
25 proceeds from any transfer thereof, and may use them only in
26 the performance of the powers and duties set forth in this
27 Section and by order of the court;
28 (d) May use the building, fixtures, furnishings and any
29 accompanying consumable goods in the provision of care and
30 services to residents and to any other persons receiving
31 services from the facility at the time the petition for
32 receivership was filed. The receiver shall collect payments
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1 for all goods and services provided to residents or others
2 during the period of the receivership at the same rate of
3 payment charged by the owners at the time the petition for
4 receivership was filed;
5 (e) May correct or eliminate any deficiency in the
6 structure or furnishings of the facility which endangers the
7 safety or health of residents while they remain in the
8 facility, provided the total cost of correction does not
9 exceed $3,000. The court may order expenditures for this
10 purpose in excess of $3,000 on application from the receiver
11 after notice to the owner and hearing;
12 (f) May let contracts and hire agents and employees to
13 carry out the powers and duties of the receiver under this
14 Section;
15 (g) Except as specified in Section 3-510, shall honor
16 all leases, mortgages and secured transactions governing the
17 building in which the facility is located and all goods and
18 fixtures in the building of which the receiver has taken
19 possession, but only to the extent of payments which, in the
20 case of a rental agreement, are for the use of the property
21 during the period of the receivership, or which, in the case
22 of a purchase agreement, come due during the period of the
23 receivership.
24 (h) Shall have full power to direct and manage and to
25 discharge employees of the facility, subject to any contract
26 rights they may have. The receiver shall pay employees at
27 the same rate of compensation, including benefits, that the
28 employees would have received from the owner. Receivership
29 does not relieve the owner of any obligation to employees
30 not carried out by the receiver;
31 (i) Shall, if any resident is transferred or discharged,
32 follow the procedures set forth in Part 4 of this Article.
33 (j) Shall be entitled to and shall take possession of
34 all property or assets of residents which are in the
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1 possession of a facility or its an owner. The receiver shall
2 preserve all property, assets and records of residents of
3 which the receiver takes possession and shall provide for the
4 prompt transfer of the property, assets and records to the
5 new placement of any transferred resident.
6 (k) Shall report to the court on any actions he has
7 taken to bring the facility into compliance with this Act or
8 with Title 18 or 19 of the Social Security Act that he
9 believes should be continued when the receivership is
10 terminated in order to protect the health, safety or welfare
11 of the residents.
12 (Source: P.A. 87-549; revised 12-18-97.)
13 Section 96. The Emergency Medical Services (EMS) Systems
14 Act is amended by changing Sections 3.200 and 3.205 as
15 follows:
16 (210 ILCS 50/3.200)
17 Sec. 3.200. State Emergency Medical Services Advisory
18 Council.
19 (a) There shall be established within the Department of
20 Public Health a State Emergency Medical Services Advisory
21 Council, which shall serve as an advisory body to the
22 Department on matters related to this Act.
23 (b) Membership of the Council shall include one
24 representative from each EMS Region, to be appointed by each
25 region's EMS Regional Advisory Committee. The Governor shall
26 appoint additional members to the Council as necessary to
27 insure that the Council includes one representative from each
28 of the following categories:
29 (1) EMS Medical Director,
30 (2) Trauma Center Medical Director,
31 (3) Licensed, practicing physician with regular and
32 frequent involvement in the provision of emergency care,
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1 (4) Licensed, practicing physician with special
2 expertise in the surgical care of the trauma patient,
3 (5) EMS System Coordinator,
4 (6) TNS,
5 (7) EMT-P,
6 (8) EMT-I,
7 (9) EMT-B,
8 (10) Private vehicle service provider,
9 (11) Law enforcement officer,
10 (12) Chief of a public vehicle service provider,
11 (13) Statewide firefighters' union member
12 affiliated with a vehicle service provider,
13 (14) Administrative representative from a fire
14 department vehicle service provider in a municipality
15 with a population of over 2 million people;
16 (15) Administrative representative from a Resource
17 Hospital or EMS System Administrative Director.
18 (c) Of the members first appointed, 5 members shall be
19 appointed for a term of one year, 5 members shall be
20 appointed for a term of 2 years, and the remaining members
21 shall be appointed for a term of 3 years. The terms of
22 subsequent appointees shall be 3 years. All appointees shall
23 serve until their successors are appointed and qualified.
24 (d) The Council shall be provided a 90-day period in
25 which to review and comment upon all rules proposed by the
26 Department pursuant to this Act, except for rules adopted
27 pursuant to Section 3.190(a) of this Act, rules submitted to
28 the State Trauma Advisory Council and emergency rules adopted
29 pursuant to Section 5-45 5.02 of the Illinois Administrative
30 Procedure Act. The 90-day review and comment period may
31 commence upon the Department's submission of the proposed
32 rules to the individual Council members, if the Council is
33 not meeting at the time the proposed rules are ready for
34 Council review. Any non-emergency rules adopted prior to the
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1 Council's 90-day review and comment period shall be null and
2 void. If the Council fails to advise the Department within
3 its 90-day review and comment period, the rule shall be
4 considered acted upon.
5 (e) Council members shall be reimbursed for reasonable
6 travel expenses incurred during the performance of their
7 duties under this Section.
8 (f) The Department shall provide administrative support
9 to the Council for the preparation of the agenda and minutes
10 for Council meetings and distribution of proposed rules to
11 Council members.
12 (g) The Council shall act pursuant to bylaws which it
13 adopts, which shall include the annual election of a Chair
14 and Vice-Chair.
15 (h) The Director or his designee shall be present at all
16 Council meetings.
17 (i) Nothing in this Section shall preclude the Council
18 from reviewing and commenting on proposed rules which fall
19 under the purview of the State Trauma Advisory Council.
20 (Source: P.A. 89-177, eff. 7-19-95; revised 12-18-97.)
21 (210 ILCS 50/3.205)
22 Sec. 3.205. State Trauma Advisory Council.
23 (a) There shall be established within the Department of
24 Public Health a State Trauma Advisory Council, which shall
25 serve as an advisory body to the Department on matters
26 related to trauma care and trauma centers.
27 (b) Membership of the Council shall include one
28 representative from each Regional Trauma Advisory Committee,
29 to be appointed by each Committee. The Governor shall
30 appoint the following additional members:
31 (1) An EMS Medical Director,
32 (2) A trauma center medical director,
33 (3) A trauma surgeon,
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1 (4) A trauma nurse coordinator,
2 (5) A representative from a private vehicle service
3 provider,
4 (6) A representative from a public vehicle service
5 provider,
6 (7) A member of the State EMS Advisory Council.
7 (c) Of the members first appointed, 5 members shall be
8 appointed for a term of one year, 5 members shall be
9 appointed for a term of 2 years, and the remaining members
10 shall be appointed for a term of 3 years. The terms of
11 subsequent appointees shall be 3 years. All appointees shall
12 serve until their successors are appointed and qualified.
13 (d) The Council shall be provided a 90-day period in
14 which to review and comment upon all rules proposed by the
15 Department pursuant to this Act concerning trauma care,
16 except for emergency rules adopted pursuant to Section 5-45
17 5.02 of the Illinois Administrative Procedure Act. The
18 90-day review and comment period may commence upon the
19 Department's submission of the proposed rules to the
20 individual Council members, if the Council is not meeting at
21 the time the proposed rules are ready for Council review.
22 Any non-emergency rules adopted prior to the Council's 90-day
23 review and comment period shall be null and void. If the
24 Council fails to advise the Department within its 90-day
25 review and comment period, the rule shall be considered acted
26 upon;
27 (e) Council members shall be reimbursed for reasonable
28 travel expenses incurred during the performance of their
29 duties under this Section.
30 (f) The Department shall provide administrative support
31 to the Council for the preparation of the agenda and minutes
32 for Council meetings and distribution of proposed rules to
33 Council members.
34 (g) The Council shall act pursuant to bylaws which it
HB1268 Enrolled -609- LRB9000999EGfg
1 adopts, which shall include the annual election of a Chair
2 and Vice-Chair.
3 (h) The Director or his designee shall be present at all
4 Council meetings.
5 (i) Nothing in this Section shall preclude the Council
6 from reviewing and commenting on proposed rules which fall
7 under the purview of the State EMS Advisory Council.
8 (Source: P.A. 89-177, eff. 7-19-95; revised 12-18-97.)
9 Section 97. The Supportive Residences Licensing Act is
10 amended by changing Section 55 as follows:
11 (210 ILCS 65/55) (from Ch. 111 1/2, par. 9055)
12 Sec. 55. Right to hearing.
13 (a) No license may be denied or revoked unless the
14 applicant or licensee is given written notice of the grounds
15 for the Department's action. The applicant or licensee may
16 appeal the Department's proposed action within 15 days after
17 receipt of the Department's written notice by making a
18 request to the Department for a hearing. Notice of the time,
19 place, and nature of the hearing shall be given to the
20 applicant or licensee not less than 2 weeks before the date
21 of the hearing. The hearing shall be conducted in accordance
22 with the Illinois Administrative Procedure Act. The Director
23 may appoint a hearing officer to preside at any
24 administrative hearing under this Act.
25 (b) If the applicant or licensee does not submit a
26 request for hearing as provided for in this Section, or if
27 after conducting the hearing the Department determines that
28 the license should not be issued or that the license should
29 be revoked or denied, the Department shall issue an order to
30 that effect. If the order is to revoke the license, it shall
31 specify that the order takes effect upon receipt by the
32 licensee and that the Supportive Residence shall not operate
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1 during the pendency of any proceeding for judicial review of
2 the Department's decision, except under court order.
3 (c) Final administrative decisions shall be subject to
4 judicial review exclusively as provided in the Administrative
5 Review Law, except that any petition for judicial review of
6 Department action under this Act shall be filed within 15
7 days after receipt of notice of the final agency
8 determination. The term "administrative decision" has the
9 meaning ascribed to it in Section 3-101 1 of the
10 Administrative Review Law. The court may stay enforcement of
11 the Department's final decision if a showing is made that
12 there is a substantial probability that the party seeking
13 review will prevail on the merits and will suffer irreparable
14 harm if the stay is not granted, and that the facility will
15 meet the requirements of this Act and its rules and
16 regulations during such stay.
17 (d) The Director or hearing officer may compel by
18 subpoena or subpoena duces tecum the attendance and testimony
19 of witnesses and the production of books and papers, and
20 administer oaths to witnesses. All subpoenas issued by the
21 Director or hearing officer may be served as provided for in
22 civil actions. The fees of witnesses for attendance and
23 travel shall be the same as the fees for witnesses before the
24 circuit court and shall be paid by the party to the
25 proceeding at whose request the subpoena is issued. If the
26 subpoena is issued at the request of the Department or by a
27 person proceeding in forma pauperis, the witness fee shall be
28 paid by the Department as an administrative expense.
29 (e) The Department may charge any party to a hearing or
30 other person requesting copies of records or other documents
31 for a hearing the actual cost of reproducing those records or
32 other documents.
33 (Source: P.A. 87-840; revised 12-18-97.)
HB1268 Enrolled -611- LRB9000999EGfg
1 Section 98. The Hospital Licensing Act is amended by
2 changing Section 10.4 as follows:
3 (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
4 Sec. 10.4. Medical staff privileges.
5 (a) Any hospital licensed under this Act or any hospital
6 organized under the University of Illinois Hospital Act
7 shall, prior to the granting of any medical staff privileges
8 to an applicant, or renewing a current medical staff member's
9 privileges, request of the Director of Professional
10 Regulation information concerning the licensure status and
11 any disciplinary action taken against the applicant's or
12 medical staff member's license, except for medical personnel
13 who enter a hospital to obtain organs and tissues for
14 transplant from a deceased donor in accordance with the
15 Uniform Anatomical Gift Act. The Director of Professional
16 Regulation shall transmit, in writing and in a timely
17 fashion, such information regarding the license of the
18 applicant or the medical staff member, including the record
19 of imposition of any periods of supervision or monitoring as
20 a result of alcohol or substance abuse, as provided by
21 Section 23 of the Medical Practice Act of 1987, and such
22 information as may have been submitted to the Department
23 indicating that the application or medical staff member has
24 been denied, or has surrendered, medical staff privileges at
25 a hospital licensed under this Act, or any equivalent
26 facility in another state or territory of the United States.
27 The Director of Professional Regulation shall define by rule
28 the period for timely response to such requests.
29 No transmittal of information by the Director of
30 Professional Regulation, under this Section shall be to other
31 than the president, chief operating officer, chief
32 administrative officer, or chief of the medical staff of a
33 hospital licensed under this Act, a hospital organized under
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1 the University of Illinois Hospital Act, or a hospital
2 operated by the United States, or any of its
3 instrumentalities. The information so transmitted shall be
4 afforded the same status as is information concerning medical
5 studies by Part 21 of Article VIII of the Code of Civil
6 Procedure, as now or hereafter amended.
7 (b) All hospitals licensed under this Act, except county
8 hospitals as defined in subsection (c) of Section 15-1 of the
9 Illinois Public Aid Code, shall comply with, and the medical
10 staff bylaws of these hospitals shall include rules
11 consistent with, the provisions of this Section in granting,
12 limiting, renewing, or denying medical staff membership and
13 clinical staff privileges.
14 (1) Minimum procedures for initial applicants for
15 medical staff membership shall include the following:
16 (A) Written procedures relating to the
17 acceptance and processing of initial applicants for
18 medical staff membership.
19 (B) Written procedures to be followed in
20 determining an applicant's qualifications for being
21 granted medical staff membership and privileges.
22 (C) Written criteria to be followed in
23 evaluating an applicant's qualifications.
24 (D) An evaluation of an applicant's current
25 health status and current license status in
26 Illinois.
27 (E) A written response to each applicant that
28 explains the reason or reasons for any adverse
29 decision (including all reasons based in whole or in
30 part on the applicant's medical qualifications or
31 any other basis, including economic factors).
32 (2) Minimum procedures with respect to medical
33 staff and clinical privilege determinations concerning
34 current members of the medical staff shall include the
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1 following:
2 (A) A written notice of an adverse decision by
3 the hospital governing board.
4 (B) An explanation of the reasons for an
5 adverse decision including all reasons based on the
6 quality of medical care or any other basis,
7 including economic factors.
8 (C) A statement of the medical staff member's
9 right to request a fair hearing on the adverse
10 decision before a hearing panel whose membership is
11 mutually agreed upon by the medical staff and the
12 hospital governing board. The hearing panel shall
13 have independent authority to recommend action to
14 the hospital governing board. Upon the request of
15 the medical staff member or the hospital governing
16 board, the hearing panel shall make findings
17 concerning the nature of each basis for any adverse
18 decision recommended to and accepted by the hospital
19 governing board.
20 (i) Nothing in this subparagraph (C)
21 limits a hospital's or medical staff's right to
22 summarily suspend, without a prior hearing, a
23 person's medical staff membership or clinical
24 privileges if the continuation of practice of a
25 medical staff member constitutes an immediate
26 danger to the public, including patients,
27 visitors, and hospital employees and staff. A
28 fair hearing shall be commenced within 15 days
29 after the suspension and completed without
30 delay.
31 (ii) Nothing in this subparagraph (C)
32 limits a medical staff's right to permit, in
33 the medical staff bylaws, summary suspension of
34 membership or clinical privileges in designated
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1 administrative circumstances as specifically
2 approved by the medical staff. This bylaw
3 provision must specifically describe both the
4 administrative circumstance that can result in
5 a summary suspension and the length of the
6 summary suspension. The opportunity for a fair
7 hearing is required for any administrative
8 summary suspension. Any requested hearing must
9 be commenced within 15 days after the summary
10 suspension and completed without delay. Adverse
11 decisions other than suspension or other
12 restrictions on the treatment or admission of
13 patients may be imposed summarily and without a
14 hearing under designated administrative
15 circumstances as specifically provided for in
16 the medical staff bylaws as approved by the
17 medical staff.
18 (iii) If a hospital exercises its option
19 to enter into an exclusive contract and that
20 contract results in the total or partial
21 termination or reduction of medical staff
22 membership or clinical privileges of a current
23 medical staff member, the hospital shall
24 provide the affected medical staff member 60
25 days prior notice of the effect on his or her
26 medical staff membership or privileges. An
27 affected medical staff member desiring a
28 hearing under subparagraph (C) of this
29 paragraph (2) must request the hearing within
30 14 days after the date he or she is so
31 notified. The requested hearing shall be
32 commenced and completed (with a report and
33 recommendation to the affected medical staff
34 member, hospital governing board, and medical
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1 staff) within 30 days after the date of the
2 medical staff member's request. If agreed upon
3 by both the medical staff and the hospital
4 governing board, the medical staff bylaws may
5 provide for longer time periods.
6 (D) A statement of the member's right to
7 inspect all pertinent information in the hospital's
8 possession with respect to the decision.
9 (E) A statement of the member's right to
10 present witnesses and other evidence at the hearing
11 on the decision.
12 (F) A written notice and written explanation
13 of the decision resulting from the hearing.
14 (G) Notice given 15 days before implementation
15 of an adverse medical staff membership or clinical
16 privileges decision based substantially on economic
17 factors. This notice shall be given after the
18 medical staff member exhausts all applicable
19 procedures under this Section, including item (iii)
20 of subparagraph (C) of this paragraph (2), and under
21 the medical staff bylaws in order to allow
22 sufficient time for the orderly provision of patient
23 care.
24 (H) Nothing in this paragraph (2) of this
25 subsection (b) limits a medical staff member's right
26 to waive, in writing, the rights provided in
27 subparagraphs (A) through (G) of this paragraph (2)
28 of this subsection (b) upon being granted the
29 written exclusive right to provide particular
30 services at a hospital, either individually or as a
31 member of a group. If an exclusive contract is
32 signed by a representative of a group of physicians,
33 a waiver contained in the contract shall apply to
34 all members of the group unless stated otherwise in
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1 the contract.
2 (3) Every adverse medical staff membership and
3 clinical privilege decision based substantially on
4 economic factors shall be reported to the Hospital
5 Licensing Board before the decision takes effect. These
6 reports shall not be disclosed in any form that reveals
7 the identity of any hospital or physician. These reports
8 shall be utilized to study the effects that hospital
9 medical staff membership and clinical privilege decisions
10 based upon economic factors have on access to care and
11 the availability of physician services. The Hospital
12 Licensing Board shall submit an initial study to the
13 Governor and the General Assembly by January 1, 1996, and
14 subsequent reports shall be submitted periodically
15 thereafter.
16 (4) As used in this Section:
17 "Adverse decision" means a decision reducing,
18 restricting, suspending, revoking, denying, or not
19 renewing medical staff membership or clinical privileges.
20 "Economic factor" means any information or reasons
21 for decisions unrelated to quality of care or
22 professional competency.
23 "Privilege" means permission to provide medical or
24 other patient care services and permission to use
25 hospital resources, including equipment, facilities and
26 personnel that are necessary to effectively provide
27 medical or other patient care services. This definition
28 shall not be construed to require a hospital to acquire
29 additional equipment, facilities, or personnel to
30 accommodate the granting of privileges.
31 (Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98;
32 revised 11-14-97.)
33 Section 99. The Language Assistance Services Act is
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1 amended by changing Section 15 as follows:
2 (210 ILCS 87/15)
3 Sec. 15. Language assistance services authorized. To
4 insure access to health care information and services for
5 limited-English-speaking or non-English-speaking residents
6 and deaf residents, a health facility may do one or more of
7 the following:
8 (1) Review existing policies regarding interpreters for
9 patients with limited English proficiency and for patients
10 who are deaf, including the availability of staff to act as
11 interpreters.
12 (2) Adopt and review annually a policy for providing
13 language assistance services to patients with language or
14 communication barriers. The policy shall include procedures
15 for providing, to the extent possible as determined by the
16 facility, the use of an interpreter whenever a language or
17 communication barrier exists, except where the patient, after
18 being informed of the availability of the interpreter
19 service, chooses to use a family member or friend who
20 volunteers to interpret. The procedures shall be designed to
21 maximize efficient use of interpreters and minimize delays in
22 providing interpreters to patients. The procedures shall
23 insure, to the extent possible as determined by the facility,
24 that interpreters are available, either on the premises or
25 accessible by telephone, 24 hours a day. The facility shall
26 annually transmit to the Department of Public Health a copy
27 of the updated policy and shall include a description of the
28 facility's efforts to insure adequate and speedy
29 communication between patients with language or communication
30 barriers and staff.
31 (3) Develop, and post in conspicuous locations, notices
32 that advise patients and their families of the availability
33 of interpreters, the procedure for obtaining an interpreter,
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1 and the telephone numbers to call for filing complaints
2 concerning interpreter service problems, including, but not
3 limited to, a T.D.D. number for the hearing impaired. The
4 notices shall be posted, at a minimum, in the emergency room,
5 the admitting area, the facility entrance, and the outpatient
6 area. Notices shall inform patients that interpreter
7 services are available on request, shall list the languages
8 for which interpreter services are available, and shall
9 instruct patients to direct complaints regarding interpreter
10 services to the Department of Public Health, including the
11 telephone numbers to call for that purpose purposes.
12 (4) Identify and record a patient's primary language and
13 dialect on one or more of the following: a patient medical
14 chart, hospital bracelet, bedside notice, or nursing card.
15 (5) Prepare and maintain, as needed, a list of
16 interpreters who have been identified as proficient in sign
17 language and in the languages of the population of the
18 geographical area served by the facility who have the ability
19 to translate the names of body parts, injuries, and symptoms.
20 (6) Notify the facility's employees of the facility's
21 commitment to provide interpreters to all patients who
22 request them.
23 (7) Review all standardized written forms, waivers,
24 documents, and informational materials available to patients
25 on admission to determine which to translate into languages
26 other than English.
27 (8) Consider providing its nonbilingual staff with
28 standardized picture and phrase sheets for use in routine
29 communications with patients who have language or
30 communication barriers.
31 (9) Develop community liaison groups to enable the
32 facility and the limited-English-speaking,
33 non-English-speaking, and deaf communities to insure the
34 adequacy of the interpreter services.
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1 (Source: P.A. 88-244; revised 12-18-97.)
2 Section 100. The Illinois Insurance Code is amended by
3 changing Sections 74, 109, 131.20a, 132.2, 149, 229.4.
4 245.21, 355a, 367.3, 367h, 370h, 499.1, 509.1, 513a2, 810.1,
5 817.1, and 1003 and setting forth and renumbering multiple
6 versions of Sections 155.31 and 356t as follows:
7 (215 ILCS 5/74) (from Ch. 73, par. 686)
8 Sec. 74. Deposit. (1) Each domestic reciprocal subject to
9 the provisions of this Article shall make and maintain with
10 the Director, for the protection of all creditors,
11 policyholders and policy obligations of the such reciprocal,
12 a deposit of securities that which are authorized investments
13 under Section 126.11A(1), 126.11A(2), 126.24A(1), or
14 126.24A(2), having a fair market value equal to the surplus
15 required to be maintained under Section 66.
16 (Source: P.A. 90-418, eff. 8-15-97; revised 10-29-97.)
17 (215 ILCS 5/109) (from Ch. 73, par. 721)
18 Sec. 109. Application for certificate of authority.
19 (1) A foreign or alien company in order to procure a
20 certificate of authority to transact business in this State
21 shall make application therefor to the Director. The
22 application shall set forth:
23 (a) the name of the company, and the state or
24 country under the laws of which it is organized or
25 authorized;
26 (b) the title of the Act under or by which it was
27 incorporated or organized, the date of its incorporation
28 or organization and, if a corporation, the period of its
29 duration;
30 (c) the class or classes of insurance business, as
31 provided in Section 4, in which it proposes to engage in
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1 this State, and the kinds of insurances in each class it
2 proposes to write in this State;
3 (d) if a life company, that it is not engaged in
4 any state in practices which, if engaged in in this
5 State, would constitute a violation of Section 237;
6 (e) whether or not it was authorized to transact
7 business in this State during any part of the 3-year
8 three year period prior to its application, and, if so,
9 for what period;
10 (f) whether or not it survives or was formed by a
11 merger, consolidation, reorganization, or reincorporation
12 effected within 3 three years prior to its application,
13 and, if so, whether and for what period or periods any of
14 the companies that are parties to the such merger,
15 consolidation, reorganization, or reincorporation were
16 authorized to transact business in this State within the
17 3-year three year period prior to its application; and
18 (g) such additional information as the Director may
19 require to enable the Director him to determine whether
20 the such company is entitled to a certificate of
21 authority to transact business in this State and to
22 determine and assess the taxes, fees and charges payable
23 as in this Code prescribed.
24 (2) Such application shall be made on forms prescribed
25 and furnished by the Director and shall be executed by the
26 company by its president or a vice-president or executive
27 officer corresponding thereto, and verified by such officer,
28 and if a corporation, the corporate seal shall be thereto
29 affixed, attested by its secretary or other proper officer.
30 (Source: Laws 1937, p. 696; revised 6-27-97.)
31 (215 ILCS 5/131.20a) (from Ch. 73, par. 743.20a)
32 Sec. 131.20a. Prior notification of transactions;
33 dividends and distributions.
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1 (1) (a) The following transactions between a domestic
2 company and any person in its holding company system may not
3 be entered into unless the company has notified the Director
4 in writing of its intention to enter into such transaction at
5 least 30 days prior thereto, or such shorter period as the
6 Director may permit, and the Director has not disapproved it
7 within such period:
8 (i) Sales, purchases, exchanges of assets, loans or
9 extensions of credit, guarantees, investments, or any
10 other transaction involving the transfer of assets from
11 or liabilities to a company equal to or exceeding the
12 lesser of 3% of the company's admitted assets or 25% of
13 its surplus as regards policyholders as of the 31st day
14 of December next preceding.
15 (ii) Loans or extensions of credit to any person
16 that is not an affiliate which involve the lesser of 3%
17 of the company's admitted assets or 25% of the company's
18 surplus, each as of the 31st day of December next
19 preceding, made with the agreement or understanding that
20 the proceeds of such transactions, in whole or in
21 substantial part, are to be used to make loans or
22 extensions of credit to, to purchase assets of, or to
23 make investments in, any affiliate of the company making
24 such loans or extensions of credit.
25 (iii) Reinsurance agreements or modifications
26 thereto, including those agreements that may require as
27 consideration the transfer of assets from an insurer to a
28 nonaffiliate, if an agreement or understanding exists
29 between the insurer and nonaffiliate that any portion of
30 those assets will be transferred to one or more
31 affiliates of the insurer.
32 (iv) All management agreements, service contracts,
33 cost-sharing arrangements, and any other contracts
34 providing for the rendering of services on a regular
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1 systematic basis.
2 (v) Any series of the previously described
3 transactions that are substantially similar to each
4 other, that take place within any 180 day period, and
5 that in total are equal to or exceed the lesser of 3% of
6 the domestic insurer's admitted assets or 25% of its
7 policyholders surplus, as of the 31st day of the December
8 next preceding.
9 (vi) Any other material transaction that the
10 Director by rule determines might render the company's
11 surplus as regards policyholders unreasonable in relation
12 to the company's outstanding liabilities and inadequate
13 to its financial needs or may otherwise adversely affect
14 the interests of the company's policyholders or
15 shareholders.
16 Nothing herein contained shall be deemed to authorize or
17 permit any transactions that, in the case of an insurer not a
18 member of the same holding company system, would be otherwise
19 contrary to law.
20 (b) Any transaction or contract otherwise described in
21 paragraph (a) of this subsection that is between a domestic
22 insurer and any person that is not its affiliate and that
23 precedes or follows within 180 days or is concurrent with a
24 similar transaction between that nonaffiliate and an
25 affiliate of the domestic company and that involves amounts
26 that are equal to or exceed the lesser of 3% of the domestic
27 insurer's admitted assets or 25% of its surplus as regards
28 policyholders at the end of the prior year may not be entered
29 into unless the company has notified the Director in writing
30 of its intention to enter into the transaction at least 30
31 days prior thereto or such shorter period as the Director may
32 permit, and the Director has not disapproved it within such
33 period.
34 (c) A company may not enter into transactions which are
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1 part of a plan or series of like transactions with any person
2 within the holding company system if the purpose of those
3 separate transactions is to avoid the statutory threshold
4 amount and thus avoid the review that would occur otherwise.
5 If the Director determines that such separate transactions
6 were entered into for such purpose, he may exercise his
7 authority under subsection (2) of Section 131.24.
8 (d) The Director, in reviewing transactions pursuant to
9 paragraph (a), shall consider whether the transactions comply
10 with the standards set forth in Section 131.20 and whether
11 they may adversely affect the interests of policyholders.
12 (e) The Director shall be notified within 30 days of any
13 investment of the domestic insurer in any one corporation if
14 the total investment in that corporation by the insurance
15 holding company system exceeds 10% of that corporation's
16 voting securities.
17 (f) Except for those transactions transaction subject to
18 approval under other Sections of this Code, any such
19 transaction or agreements which are not disapproved by the
20 Director may be effective as of the date set forth in the
21 notice required under this Section.
22 (g) If a domestic insurer enters into a transaction
23 described in this subsection without having given the
24 required notification, the Director may cause the insurer to
25 pay a civil forfeiture of not more than $250,000. Each
26 transaction so entered shall be considered a separate
27 offense.
28 (2) No domestic company subject to registration under
29 Section 131.13 may pay any extraordinary dividend or make any
30 other extraordinary distribution to its securityholders
31 until: (a) 30 days after the Director has received notice of
32 the declaration thereof and has not within such period
33 disapproved the payment, or (b) the Director approves such
34 payment within the 30-day period. For purposes of this
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1 subsection, an extraordinary dividend or distribution is any
2 dividend or distribution of cash or other property whose fair
3 market value, together with that of other dividends or
4 distributions, made within the period of 12 consecutive
5 months ending on the date on which the proposed dividend is
6 scheduled for payment or distribution exceeds the greater of:
7 (a) 10% of the company's surplus as regards policyholders as
8 of the 31st day of December next preceding, or (b) the net
9 income of the company for the 12-month period ending the 31st
10 day of December next preceding, but does not include pro rata
11 distributions of any class of the company's own securities.
12 Notwithstanding any other provision of law, the company
13 may declare an extraordinary dividend or distribution which
14 is conditional upon the Director's approval, and such a
15 declaration confers no rights upon security holders until:
16 (a) the Director has approved the payment of the dividend or
17 distribution, or (b) the Director has not disapproved the
18 payment within the 30-day period referred to above.
19 (Source: P.A. 88-364; revised 12-18-97.)
20 (215 ILCS 5/132.2) (from Ch. 73, par. 744.2)
21 Sec. 132.2. Definitions. As used in Sections 132.1
22 through 132.7, the terms set forth in this Section have the
23 following meanings:
24 "Company" means any person engaging in or proposing or
25 attempting to engage in any transaction or kind of insurance
26 or surety business and any person or group of persons who may
27 otherwise be subject to the administrative, regulatory, or
28 taxing authority of the Director.
29 "Examiner" means any individual or firm having been
30 authorized by the Director to conduct an examination under
31 this Code.
32 "Insurer" means any company licensed or authorized by the
33 Director to provide any insurance contracts, whether by
HB1268 Enrolled -625- LRB9000999EGfg
1 indemnity, guaranty, suretyship, or otherwise; including, but
2 not limited to, those companies licensed or authorized by the
3 Director under the following Acts:
4 (1) The Voluntary Health Services Plans Act.
5 (2) (Blank). The Vision Service Plan Act.
6 (3) The Dental Service Plan Act.
7 (4) (Blank).
8 (5) The Farm Mutual Insurance Company Act of 1986.
9 (6) The Limited Health Service Organization Act.
10 (7) The Health Maintenance Organization Act.
11 "Person" means any individual, aggregation of
12 individuals, trust, association, partnership, or corporation,
13 or any affiliate thereof.
14 (Source: P.A. 87-108; 90-372, eff. 7-1-98; revised 11-21-97.)
15 (215 ILCS 5/149) (from Ch. 73, par. 761)
16 Sec. 149. Misrepresentation and defamation prohibited.
17 (1) No company doing business in this State, and no
18 officer, director, agent, clerk or employee thereof, broker,
19 or any other person, shall make, issue or circulate or cause
20 or knowingly permit to be made, issued or circulated any
21 estimate, illustration, circular, or verbal or written
22 statement of any sort misrepresenting the terms of any policy
23 issued or to be issued by it or any other company or the
24 benefits or advantages promised thereby or any misleading
25 estimate of the dividends or share of the surplus to be
26 received thereon, or shall by the use of any name or title of
27 any policy or class of policies misrepresent the nature
28 thereof.
29 (2) No such company or officer, director, agent, clerk
30 or employee thereof, or broker shall make any misleading
31 representation or comparison of companies or policies, to any
32 person insured in any company for the purpose of inducing or
33 tending to induce a policyholder in any company to lapse,
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1 forfeit, change or surrender his insurance, whether on a
2 temporary or permanent plan.
3 (3) No such company, officer, director, agent, clerk or
4 employee thereof, broker or other person shall make, issue or
5 circulate or cause or knowingly permit to be made, issued or
6 circulated any pamphlet, circular, article, literature or
7 verbal or written statement of any kind which contains any
8 false or malicious statement calculated to injure any company
9 doing business in this State in its reputation or business.
10 (4) No such company, or officer, director, agent, clerk
11 or employee thereof, no agent, broker, solicitor, or company
12 service representative, and no other person, firm,
13 corporation, or association of any kind or character, shall
14 make, issue, circulate, use, or utter, or cause or knowingly
15 permit to be made, issued, circulated, used, or uttered, any
16 policy or certificate of insurance, or endorsement or rider
17 thereto, or matter incorporated therein by reference, or
18 application blanks, or any stationery, pamphlet, circular,
19 article, literature, advertisement or advertising of any kind
20 or character, visual, or aural, including radio advertising
21 and television advertising, or any other verbal or written
22 statement or utterance (a) which tends to create the
23 impression or from which it may be implied or inferred,
24 directly or indirectly, that the company, its financial
25 condition or status, or the payment of its claims, or the
26 merits, desirability, or advisability of its policy forms or
27 kinds or plans of insurance are approved, endorsed, or
28 guaranteed by the State of Illinois or United States
29 Government or the Director or the Department or are secured
30 by Government bonds or are secured by a deposit with the
31 Director, or (b) which uses or refers to any deposit with the
32 Director or any certificate of deposit issued by the Director
33 or any facsimile, reprint, photograph, photostat, or other
34 reproduction of any such certificate of deposit.
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1 (5) Any company, officer, director, agent, clerk or
2 employee thereof, broker, or other person who violates any of
3 the provisions of this Section, or knowingly participates in
4 or abets such violation, is shall guilty of a business
5 offense and shall be be required to pay a penalty of not less
6 than $100 one hundred dollars, nor more than $5,000 five
7 thousand dollars, to be recovered in the name of the People
8 of the State of Illinois either by the Attorney General or by
9 the State's Attorney of the county in which the violation
10 occurs. and The penalty so recovered shall be paid into the
11 county treasury if recovered by the State's Attorney or into
12 the State treasury if recovered by the Attorney General.
13 (6) No company shall be held guilty of having violated
14 any of the provisions of this Section by reason of the act of
15 any agent, solicitor or employee, not an officer, director or
16 department head thereof, unless an officer, director or
17 department head of such company shall have knowingly
18 permitted such act or shall have had prior knowledge thereof.
19 (7) Any person, association, organization, partnership,
20 business trust or corporation not authorized to transact an
21 insurance business in this State which disseminates in or
22 causes to be disseminated in this State any advertising,
23 invitations to inquire, questionnaires or requests for
24 information designed to result in a solicitation for the
25 purchase of insurance by residents of this State is also
26 subject to the sanctions of this Section. The phrase:
27 "designed to result in a solicitation for the purchase of
28 insurance" includes but is not limited to:
29 (a) the use of any form or document which provides
30 either generalized or specific information or
31 recommendations regardless of the insurance needs of the
32 recipient or the availability of any insurance policy or
33 plan; or
34 (b) any offer to provide such information or
HB1268 Enrolled -628- LRB9000999EGfg
1 recommendation upon subsequent contacts or solicitation
2 either by the entity generating the material or some
3 other person; or
4 (c) the use of a coupon, reply card or request to
5 write for further information; or
6 (d) the use of an application for insurance or an
7 offer to provide insurance coverage for any purpose; or
8 (e) the use of any material which, regardless of
9 the form and content used or the information imparted, is
10 intended to result, in the generation of leads for
11 further solicitations or the preparation of a mailing
12 list which can be sold to others for such purpose.
13 (Source: P.A. 85-1186; revised 6-27-97.)
14 (215 ILCS 5/155.31)
15 Sec. 155.31. Day care and group day care homes;
16 coverage.
17 (a) No insurer providing insurance coverage, as defined
18 in subsection (b) of Section 143.13 of this Code, shall
19 nonrenew or cancel an insurance policy on a day care home or
20 group day care home, as defined in the Child Care Act of
21 1969, solely on the basis that the insured operates a duly
22 licensed day care home or group day care home on the insured
23 premises.
24 (b) An insurer providing such insurance coverage to a
25 licensed day care home or licensed group day care home may
26 provide such coverage with a separate policy or endorsement
27 to a policy of fire and extended coverage insurance, as
28 defined in subsection (b) of Section 143.13.
29 (c) Notwithstanding subsections (a) and (b) of this
30 Section, the insurer providing such coverage shall be allowed
31 to cancel or nonrenew an insurance policy on a day care home
32 or group day care home based upon the authority provided
33 under Sections 143.21 and 143.21.1 of this Code.
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1 (Source: P.A. 90-401, eff. 1-1-98.)
2 (215 ILCS 5/155.33)
3 Sec. 155.33. 155.31. Illinois Health Insurance
4 Portability and Accountability Act. The provisions of this
5 Code are subject to the Illinois Health Insurance Portability
6 and Accountability Act as provided in Section 15 of that Act.
7 (Source: P.A. 90-30, eff. 7-1-97; revised 10-7-97.)
8 (215 ILCS 5/155.34)
9 Sec. 155.34. 155.31. Structured settlements.
10 (a) No insurance company may make payments on a
11 structured settlement of a claim for personal injury to
12 anyone other than the beneficiary of the settlement without
13 prior approval of the circuit court of the county where an
14 action was or could have been maintained.
15 (b) No person who is the beneficiary of a structured
16 settlement of a claim for personal injury may assign in any
17 manner the payments of the settlement without prior approval
18 of the circuit court of the county where an action was or
19 could have been maintained.
20 (Source: P.A. 90-303, eff. 1-1-98; revised 10-7-97.)
21 (215 ILCS 5/155.35)
22 Sec. 155.35. 155.31. Insurance compliance
23 self-evaluative privilege.
24 (a) To encourage insurance companies and persons
25 conducting activities regulated under this Code, both to
26 conduct voluntary internal audits of their compliance
27 programs and management systems and to assess and improve
28 compliance with State and federal statutes, rules, and
29 orders, an insurance compliance self-evaluative privilege is
30 recognized to protect the confidentiality of communications
31 relating to voluntary internal compliance audits. The
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1 General Assembly hereby finds and declares that protection of
2 insurance consumers is enhanced by companies' voluntary
3 compliance with this State's insurance and other laws and
4 that the public will benefit from incentives to identify and
5 remedy insurance and other compliance issues. It is further
6 declared that limited expansion of the protection against
7 disclosure will encourage voluntary compliance and improve
8 insurance market conduct quality and that the voluntary
9 provisions of this Section will not inhibit the exercise of
10 the regulatory authority by those entrusted with protecting
11 insurance consumers.
12 (b)(1) An insurance compliance self-evaluative audit
13 document is privileged information and is not admissible as
14 evidence in any legal action in any civil, criminal, or
15 administrative proceeding, except as provided in subsections
16 (c) and (d) of this Section. Documents, communications,
17 data, reports, or other information created as a result of a
18 claim involving personal injury or workers' compensation made
19 against an insurance policy are not insurance compliance
20 self-evaluative audit documents and are admissible as
21 evidence in civil proceedings as otherwise provided by
22 applicable rules of evidence or civil procedure, subject to
23 any applicable statutory or common law privilege, including
24 but not limited to the work product doctrine, the
25 attorney-client privilege, or the subsequent remedial
26 measures exclusion.
27 (2) If any company, person, or entity performs or
28 directs the performance of an insurance compliance audit, an
29 officer or employee involved with the insurance compliance
30 audit, or any consultant who is hired for the purpose of
31 performing the insurance compliance audit, may not be
32 examined in any civil, criminal, or administrative proceeding
33 as to the insurance compliance audit or any insurance
34 compliance self-evaluative audit document, as defined in this
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1 Section. This subsection (b)(2) does not apply if the
2 privilege set forth in subsection (b)(1) of this Section is
3 determined under subsection (c) or (d) not to apply.
4 (3) A company may voluntarily submit, in connection with
5 examinations conducted under this Article, an insurance
6 compliance self-evaluative audit document to the Director, or
7 his or her designee, as a confidential document under
8 subsection (f) of Section 132.5 of this Code without waiving
9 the privilege set forth in this Section to which the company
10 would otherwise be entitled; provided, however, that the
11 provisions in subsection (f) of Section 132.5 permitting the
12 Director to make confidential documents public pursuant to
13 subsection (e) of Section 132.5 and access to the National
14 Association of Insurance Commissioners shall not apply to the
15 insurance compliance self-evaluative audit document so
16 voluntarily submitted. Nothing contained in this subsection
17 shall give the Director any authority to compel a company to
18 disclose involuntarily or otherwise provide an insurance
19 compliance self-evaluative audit document.
20 (c)(1) The privilege set forth in subsection (b) of this
21 Section does not apply to the extent that it is expressly
22 waived by the company that prepared or caused to be prepared
23 the insurance compliance self-evaluative audit document.
24 (2) In a civil or administrative proceeding, a court of
25 record may, after an in camera review, require disclosure of
26 material for which the privilege set forth in subsection (b)
27 of this Section is asserted, if the court determines one of
28 the following:
29 (A) the privilege is asserted for a fraudulent
30 purpose;
31 (B) the material is not subject to the privilege;
32 or
33 (C) even if subject to the privilege, the material
34 shows evidence of noncompliance with State and federal
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1 statutes, rules and orders and the company failed to
2 undertake reasonable corrective action or eliminate the
3 noncompliance within a reasonable time.
4 (3) In a criminal proceeding, a court of record may,
5 after an in camera review, require disclosure of material for
6 which the privilege described in subsection (b) of this
7 Section is asserted, if the court determines one of the
8 following:
9 (A) the privilege is asserted for a fraudulent
10 purpose;
11 (B) the material is not subject to the privilege;
12 (C) even if subject to the privilege, the material
13 shows evidence of noncompliance with State and federal
14 statutes, rules and orders and the company failed to
15 undertake reasonable corrective action or eliminate such
16 noncompliance within a reasonable time; or
17 (D) the material contains evidence relevant to
18 commission of a criminal offense under this Code, and all
19 of the following factors are present:
20 (i) the Director, State's Attorney, or
21 Attorney General has a compelling need for the
22 information;
23 (ii) the information is not otherwise
24 available; and
25 (iii) the Director, State's Attorney, or
26 Attorney General is unable to obtain the substantial
27 equivalent of the information by any means without
28 incurring unreasonable cost and delay.
29 (d)(1) Within 30 days after the Director, State's
30 Attorney, or Attorney General makes a written request by
31 certified mail for disclosure of an insurance compliance
32 self-evaluative audit document under this subsection, the
33 company that prepared or caused the document to be prepared
34 may file with the appropriate court a petition requesting an
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1 in camera hearing on whether the insurance compliance
2 self-evaluative audit document or portions of the document
3 are privileged under this Section or subject to disclosure.
4 The court has jurisdiction over a petition filed by a company
5 under this subsection requesting an in camera hearing on
6 whether the insurance compliance self-evaluative audit
7 document or portions of the document are privileged or
8 subject to disclosure. Failure by the company to file a
9 petition waives the privilege.
10 (2) A company asserting the insurance compliance
11 self-evaluative privilege in response to a request for
12 disclosure under this subsection shall include in its request
13 for an in camera hearing all of the information set forth in
14 subsection (d)(5) of this Section.
15 (3) Upon the filing of a petition under this subsection,
16 the court shall issue an order scheduling, within 45 days
17 after the filing of the petition, an in camera hearing to
18 determine whether the insurance compliance self-evaluative
19 audit document or portions of the document are privileged
20 under this Section or subject to disclosure.
21 (4) The court, after an in camera review, may require
22 disclosure of material for which the privilege in subsection
23 (b) of this Section is asserted if the court determines,
24 based upon its in camera review, that any one of the
25 conditions set forth in subsection (c)(2)(A) through (C) is
26 applicable as to a civil or administrative proceeding or that
27 any one of the conditions set forth in subsection (c)(3)(A)
28 through (D) is applicable as to a criminal proceeding. Upon
29 making such a determination, the court may only compel the
30 disclosure of those portions of an insurance compliance
31 self-evaluative audit document relevant to issues in dispute
32 in the underlying proceeding. Any compelled disclosure will
33 not be considered to be a public document or be deemed to be
34 a waiver of the privilege for any other civil, criminal, or
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1 administrative proceeding. A party unsuccessfully opposing
2 disclosure may apply to the court for an appropriate order
3 protecting the document from further disclosure.
4 (5) A company asserting the insurance compliance
5 self-evaluative privilege in response to a request for
6 disclosure under this subsection (d) shall provide to the
7 Director, State's Attorney, or Attorney General, as the case
8 may be, at the time of filing any objection to the
9 disclosure, all of the following information:
10 (A) The date of the insurance compliance
11 self-evaluative audit document.
12 (B) The identity of the entity conducting the
13 audit.
14 (C) The general nature of the activities covered by
15 the insurance compliance audit.
16 (D) An identification of the portions of the
17 insurance compliance self-evaluative audit document for
18 which the privilege is being asserted.
19 (e) (1) A company asserting the insurance compliance
20 self-evaluative privilege set forth in subsection (b) of this
21 Section has the burden of demonstrating the applicability of
22 the privilege. Once a company has established the
23 applicability of the privilege, a party seeking disclosure
24 under subsections (c)(2)(A) or (C) of this Section has the
25 burden of proving that the privilege is asserted for a
26 fraudulent purpose or that the company failed to undertake
27 reasonable corrective action or eliminate the noncompliance
28 with a reasonable time. The Director, State's Attorney, or
29 Attorney General seeking disclosure under subsection (c)(3)
30 of this Section has the burden of proving the elements set
31 forth in subsection (c)(3) of this Section.
32 (2) The parties may at any time stipulate in proceedings
33 under subsections (c) or (d) of this Section to entry of an
34 order directing that specific information contained in an
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1 insurance compliance self-evaluative audit document is or is
2 not subject to the privilege provided under subsection (b) of
3 this Section.
4 (f) The privilege set forth in subsection (b) of this
5 Section shall not extend to any of the following:
6 (1) documents, communications, data, reports, or
7 other information required to be collected, developed,
8 maintained, reported, or otherwise made available to a
9 regulatory agency pursuant to this Code, or other federal
10 or State law, rule, or order;
11 (2) information obtained by observation or
12 monitoring by any regulatory agency; or
13 (3) information obtained from a source independent
14 of the insurance compliance audit.
15 (g) As used in this Section:
16 (1) "Insurance compliance audit" means a voluntary,
17 internal evaluation, review, assessment, or audit not
18 otherwise expressly required by law of a company or an
19 activity regulated under this Code, or other State or
20 federal law applicable to a company, or of management
21 systems related to the company or activity, that is
22 designed to identify and prevent noncompliance and to
23 improve compliance with those statutes, rules, or orders.
24 An insurance compliance audit may be conducted by the
25 company, its employees, or by independent contractors.
26 (2) "Insurance compliance self-evaluative audit
27 document" means documents prepared as a result of or in
28 connection with and not prior to an insurance compliance
29 audit. An insurance compliance self-evaluation audit
30 document may include a written response to the findings
31 of an insurance compliance audit. An insurance
32 compliance self-evaluative audit document may include,
33 but is not limited to, as applicable, field notes and
34 records of observations, findings, opinions, suggestions,
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1 conclusions, drafts, memoranda, drawings, photographs,
2 computer-generated or electronically recorded
3 information, phone records, maps, charts, graphs, and
4 surveys, provided this supporting information is
5 collected or developed for the primary purpose and in the
6 course of an insurance compliance audit. An insurance
7 compliance self-evaluative audit document may also
8 include any of the following:
9 (A) an insurance compliance audit report
10 prepared by an auditor, who may be an employee of
11 the company or an independent contractor, which may
12 include the scope of the audit, the information
13 gained in the audit, and conclusions and
14 recommendations, with exhibits and appendices;
15 (B) memoranda and documents analyzing portions
16 or all of the insurance compliance audit report and
17 discussing potential implementation issues;
18 (C) an implementation plan that addresses
19 correcting past noncompliance, improving current
20 compliance, and preventing future noncompliance; or
21 (D) analytic data generated in the course of
22 conducting the insurance compliance audit.
23 (3) "Company" has the same meaning as provided in
24 Section 2 of this Code.
25 (h) Nothing in this Section shall limit, waive, or
26 abrogate the scope or nature of any statutory or common law
27 privilege including, but not limited to, the work product
28 doctrine, the attorney-client privilege, or the subsequent
29 remedial measures exclusion.
30 (Source: P.A. 90-499, eff. 8-19-97; revised 10-9-97.)
31 (215 ILCS 5/229.4) (from Ch. 73, par. 841.4)
32 Sec. 229.4. Standard Non-forfeiture Law for Individual
33 Deferred Annuities.)
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1 (1) No contract of annuity issued on or after the
2 operative date of this Section except as stated in subsection
3 11 shall be delivered or issued for delivery in this State
4 unless it contains in substance the following provisions or
5 corresponding provisions which in the opinion of the Director
6 are at least as favorable to the contract holder upon
7 cessation of payment of considerations under the contract:.
8 (a) That upon cessation of payment of
9 considerations under a contract, the company will grant a
10 paid-up annuity benefit on a plan stipulated in the
11 contract of such value as is specified in subsections
12 (3), (4), (5), (6) and (8).
13 (b) If a contract provides for a lump sum
14 settlement at maturity, or at any other time, that upon
15 surrender of the contract at or prior to the commencement
16 of any annuity payments, the company will pay in lieu of
17 any paid-up annuity benefit a cash surrender benefit of
18 such amount as is specified in subsections (3), (4), (6)
19 and (8). The company shall reserve the right to defer
20 the payment of such cash surrender benefit for a period
21 of 6 months after demand therefor with surrender of the
22 contract.
23 (c) A statement of the mortality table, if any, and
24 interest rates used in calculating any minimum paid-up
25 annuity, cash surrender or death benefits that are
26 guaranteed under the contract, together with sufficient
27 information to determine the amount of such benefits.
28 (d) A statement that any paid-up annuity, cash
29 surrender or death benefits that may be available under
30 the contract are not less than the minimum benefits
31 required by any statute of the state in which the
32 contract is delivered and an explanation of the manner in
33 which such benefits are altered by the existence of any
34 additional amounts credited by the company to the
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1 contract, any indebtedness to the company on the contract
2 or any prior withdrawals from or partial surrenders of
3 the contract.
4 Notwithstanding the requirements of this subsection, any
5 deferred annuity contract may provide that if no
6 considerations have been received under a contract for a
7 period of 2 full years and the portion of the paid-up annuity
8 benefit at maturity on the plan stipulated in the contract
9 arising from considerations paid prior to such period would
10 be less than $20.00 monthly, the company may at its option
11 terminate such contract by payment in cash of the the present
12 value of such portion of the paid-up annuity benefit,
13 calculated on the basis of the mortality table, if any, and
14 interest rate specified in the contract for determining the
15 paid-up annuity benefit, and by such payment shall be
16 relieved of any further obligation under such contract.
17 (2) The minimum values as specified in subsections (3),
18 (4), (5), (6) and (8) of any paid-up annuity, cash surrender
19 or death benefits available under an annuity contract shall
20 be based upon minimum nonforfeiture amounts as defined in
21 this subsection.
22 (a) With respect to contracts providing for
23 flexible considerations, the minimum nonforfeiture amount
24 at any time at or prior to the commencement of any
25 annuity payments shall be equal to an accumulation up to
26 such time at a rate of interest of 3% per annum of
27 percentages of the net considerations, as hereinafter
28 defined, paid prior to such time, decreased by the sum of
29 (i) any prior withdrawals from or partial surrenders of
30 the contract accumulated at a rate of interest of 3% per
31 annum and (ii) the amount of any indebtedness to the
32 company on the contract, including interest due and
33 accrued, and increased by any existing additional amounts
34 credited by the company to the contract.
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1 The net considerations for a given contract year
2 used to define the minimum nonforfeiture amount shall be
3 an amount not less than zero and shall be equal to the
4 corresponding gross considerations credited to the
5 contract during that contract year less an annual
6 contract charge of $30.00 and less a collection charge of
7 $1.25 per consideration credited to the contract during
8 that contract year. The percentages of net
9 considerations shall be 65% of the net consideration for
10 the first contract year and 87 1/2% of the net
11 considerations for the second and later contract years.
12 Notwithstanding the provisions of the preceding sentence,
13 the percentage shall be 65% of the portion of the total
14 net consideration for any renewal contract year which
15 exceeds by not more than two times the sum of those
16 portions of the net considerations in all prior contract
17 years for which the percentage was 65%.
18 (b) With respect to contracts providing for fixed
19 scheduled considerations, minimum nonforfeiture amounts
20 shall be calculated on the assumption that considerations
21 are paid annually in advance and shall be defined as for
22 contracts with flexible considerations which are paid
23 annually, with two exceptions:
24 (i) The portion of the net consideration for
25 the first contract year to be accumulated shall be
26 the sum of 65% of the net consideration for the
27 first contract year plus 22 1/2% of the excess of
28 the net consideration for the first contract year
29 over the lesser of the net considerations for the
30 second and third contract years.
31 (ii) The annual contract charge shall be the
32 lesser of (A) $30.00 or (B) 10% of the gross annual
33 consideration.
34 (c) With respect to contracts providing for a
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1 single consideration, minimum nonforfeiture amounts shall
2 be defined as for contracts with flexible considerations
3 except that the percentage of net consideration used to
4 determine the minimum nonforfeiture amount shall be equal
5 to 90% and the net consideration shall be the gross
6 consideration less a contract charge of $75.00.
7 (3) Any paid-up annuity benefit available under a
8 contract shall be such that its present value on the date
9 annuity payments are to commence is at least equal to the
10 minimum nonforfeiture amount on that date. Such present
11 value shall be computed using the mortality table, if any,
12 and the interest rate specified in the contract for
13 determining the minimum paid-up annuity benefits guaranteed
14 in the contract.
15 (4) For contracts which provide cash surrender benefits,
16 such cash surrender benefits available prior to maturity
17 shall not be less than the present value as of the date of
18 surrender of that portion of the maturity value of the
19 paid-up annuity benefit which would be provided under the
20 contract at maturity arising from considerations paid prior
21 to the time of cash surrender reduced by the amount
22 appropriate to reflect any prior withdrawals from or partial
23 surrenders of the contract, such present value being
24 calculated on the basis of an interest rate not more than 1%
25 higher than the interest rate specified in the contract for
26 accumulating the net considerations to determine such
27 maturity value, decreased by the amount of any indebtedness
28 to the company on the contract, including interest due and
29 accrued, and increased by any existing additional amounts
30 credited by the company to the contract. In no event shall
31 any cash surrender benefit be less than the minimum
32 nonforfeiture amount at that time. The death benefit under
33 such contracts shall be at least equal to the cash surrender
34 benefit.
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1 (5) For contracts which do not provide cash surrender
2 benefits, the present value of any paid-up annuity benefit
3 available as a nonforfeiture option at any time prior to
4 maturity shall not be less than the present value of that
5 portion of the maturity value of the paid-up benefit provided
6 under the contract arising from considerations paid prior to
7 the time of the contract is surrendered in exchange for, or
8 changed to, a deferred paid-up annuity, such present value
9 being calculated for the period prior to the maturity date on
10 the basis of the interest rate specified in the contract for
11 accumulating the net considerations to determine such
12 maturity value, and increased by any existing additional
13 amounts credited by the company to the contract. For
14 contracts which do not provide any death benefits prior to
15 the commencement of any annuity payments, such present values
16 shall be calculated on the basis of such interest rate and
17 the mortality table specified in the contract for determining
18 the maturity value of the paid-up annuity benefit. However,
19 in no event shall the present value of a paid-up annuity
20 benefit be less than the minimum nonforfeiture amount at that
21 time.
22 (6) For the purpose of determining the benefits
23 calculated under subsections (4) and (5), in the case of
24 annuity contracts under which an election may be made to have
25 annuity payments commence at optional maturity dates, the
26 maturity date shall be deemed to be the latest date for which
27 election shall be permitted by the contract, but shall not be
28 deemed to be later than the anniversary of the contract next
29 following the annuitant's seventieth birthday or the tenth
30 anniversary of the contract, whichever is later.
31 (7) Any contract which does not provide cash surrender
32 benefits or does not provide death benefits at least equal to
33 the minimum nonforfeiture amount prior to the commencement of
34 any annuity payments shall include a statement in a prominent
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1 place in the contract that such benefits are not provided.
2 (8) Any paid-up annuity, cash surrender or death
3 benefits available at any time, other than on the contract
4 anniversary under any contract with fixed scheduled
5 considerations, shall be calculated with allowance for the
6 lapse of time and the payment of any scheduled considerations
7 beyond the beginning of the contract year in which cessation
8 of payment of considerations under the contract occurs.
9 (9) For any contract which provides, within the same
10 contract by rider or supplemental contract provision, both
11 annuity benefits and life insurance benefits that are in
12 excess of the greater of cash surrender benefits or a return
13 of the gross considerations with interest, the minimum
14 nonforfeiture benefits shall be equal to the sum of the
15 minimum nonforfeiture benefits for the annuity portion and
16 the minimum nonforfeiture benefits, if any, for the life
17 insurance portion computed as if each portion were a separate
18 contract. Notwithstanding the provisions of subsections (3),
19 (4), (5), (6) and (8), additional benefits payable (a) in the
20 event of total and permanent disability, (b) as reversionary
21 annuity or deferred reversionary annuity benefits, or (c) as
22 other policy benefits additional to life insurance,
23 endowment, and annuity benefits, and considerations for all
24 such additional benefits, shall be disregarded in
25 ascertaining the minimum nonforfeiture amounts, paid-up
26 annuity, cash surrender and death benefits that may be
27 required by this section. The inclusion of such additional
28 benefits shall not be required in any paid-up benefits,
29 unless such additional benefits separately would require
30 minimum nonforfeiture amounts, paid-up annuity, cash
31 surrender and death benefits.
32 (10) After the effective date of this Section, any
33 company may file with the Director a written notice of its
34 election to comply with the provisions of this Section after
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1 a specified date before the second anniversary of the
2 effective date of this Section. After the filing of such
3 notice, then upon such specified date, which shall be the
4 operative date of this section for such company, this Section
5 shall become operative with respect to annuity contracts
6 thereafter issued by such company. If a company makes no
7 such election, the operative date of this section for such
8 company shall be the second anniversary of the effective date
9 of this Section.
10 (11) This Section shall not apply to any reinsurance,
11 group annuity purchased under a retirement plan or plan of
12 deferred compensation established or maintained by an
13 employer (including a partnership or sole proprietorship) or
14 by an employee organization, or by both, other than a plan
15 providing individual retirement accounts or individual
16 retirement annuities under Section 408 of the Internal
17 Revenue Code, as now or hereafter amended, premium deposit
18 fund, variable annuity, investment annuity, immediate
19 annuity, any deferred annuity contract after annuity payments
20 have commenced, or reversionary annuity, nor to any contract
21 which shall be delivered outside this State through an agent
22 or other representative of the company issuing the contract.
23 (Source: P.A. 80-512; revised 7-1-97.)
24 (215 ILCS 5/245.21) (from Ch. 73, par. 857.21)
25 Sec. 245.21. Establishment of separate accounts by
26 domestic companies organized to do a life, annuity, or
27 accident and health insurance business. A domestic company,
28 including for the purposes of this Article all domestic
29 fraternal benefit societies, may, for authorized classes of
30 insurance, establish one or more separate accounts, and may
31 allocate thereto amounts (including without limitation
32 proceeds applied under optional modes of settlement or under
33 dividend options) to provide for life, annuity, or accident
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1 and health insurance (and benefits incidental thereto),
2 payable in fixed or variable amounts or both, subject to the
3 following:
4 (1) The income, gains and losses, realized or
5 unrealized, from assets allocated to a separate account must
6 be credited to or charged against the account, without regard
7 to other income, gains or losses of the company.
8 (2) Except as may be provided with respect to reserves
9 for guaranteed benefits and funds referred to in paragraph
10 (3) of this Section (i) amounts allocated to any separate
11 account and accumulations thereon may be invested and
12 reinvested without regard to any requirements or limitations
13 of Part 2 or Part 3 of Article VIII of this Code and (ii) the
14 investments in any separate account or accounts may not be
15 taken into account in applying the investment limitations
16 otherwise applicable to the investments of the company.
17 (3) Except with the approval of the Director and under
18 the conditions as to investments and other matters as the
19 Director may prescribe, that must recognize the guaranteed
20 nature of the benefits provided, reserves for (i) benefits
21 guaranteed as to dollar amount and duration and (ii) funds
22 guaranteed as to principal amount or stated rate of interest
23 may not be maintained in a separate account.
24 (4) Unless otherwise approved by the Director, assets
25 allocated to a separate account must be valued at their
26 market value on the date of valuation, or if there is no
27 readily available market, then as provided in the contract or
28 the rules or other written agreement applicable to the
29 separate account. Unless otherwise approved by the Director,
30 the portion, if any, of the assets of the separate account
31 equal to the company's reserve liability with regard to the
32 guaranteed benefits and funds referred to in paragraph (3) of
33 this Section must be valued in accordance with the rules
34 otherwise applicable to the company's assets.
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1 (5) Amounts allocated to a separate account under this
2 Article are owned by the company, and the company may not be,
3 nor hold itself out to be, a trustee with respect to those
4 amounts. The assets of any separate account equal to the
5 reserves and other contract liabilities with respect to the
6 account may not be charged with liabilities arising out of
7 any other business the company may conduct.
8 (6) No sale, exchange or other transfer of assets may be
9 made by a company between any of its separate accounts or
10 between any other investment account and one or more of its
11 separate accounts unless, in case of a transfer into a
12 separate account, the transfer is made solely to establish
13 the account or to support the operation of the contracts with
14 respect to the separate account to which the transfer is
15 made, and unless the transfer, whether into or from a
16 separate account, is made (i) by a transfer of cash, or (ii)
17 by a transfer of securities having a readily determinable
18 market value, if the transfer of securities is approved by
19 the Director. The Director may approve other transfers among
20 those accounts if, in his or her opinion, the transfers would
21 not be inequitable.
22 (7) To the extent a company considers it necessary to
23 comply with any applicable federal or state laws, the
24 company, with respect to any separate account, including
25 without limitation any separate account which is a management
26 investment company or a unit investment trust, may provide
27 for persons having an interest therein appropriate voting and
28 other rights and special procedures for the conduct of the
29 business of the account, including without limitation special
30 rights and procedures relating to investment policy,
31 investment advisory services, selection of independent public
32 accountants, and the selection of a committee, the members of
33 which need not be otherwise affiliated with the company, to
34 manage the business of the account.
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1 (Source: P.A. 90-381, eff. 8-14-97; 90-418, eff. 8-15-97;
2 revised 11-14-97.)
3 (215 ILCS 5/355a) (from Ch. 73, par. 967a)
4 Sec. 355a. Standardization of terms and coverage.
5 (1) The purpose of this Section shall be (a) to provide
6 reasonable standardization and simplification of terms and
7 coverages of individual accident and health insurance
8 policies to facilitate public understanding and comparisons;
9 (b) to eliminate provisions contained in individual accident
10 and health insurance policies which may be misleading or
11 unreasonably confusing in connection either with the purchase
12 of such coverages or with the settlement of claims; and (c)
13 to provide for reasonable disclosure in the sale of accident
14 and health coverages.
15 (2) Definitions applicable to this Section are as
16 follows:
17 (a) "Policy" means all or any part of the forms
18 constituting the contract between the insurer and the
19 insured, including the policy, certificate, subscriber
20 contract, riders, endorsements, and the application if
21 attached, which are subject to filing with and approval
22 by the Director.
23 (b) "Service corporations" means non-profit
24 hospital, medical, voluntary health and, vision, dental,
25 and pharmaceutical corporations organized and operating
26 respectively under the Non-Profit Hospital Service Plan
27 Act, the Medical Service Plan Act, the Voluntary Health
28 Services Plans Act, and the Dental Service Plan Act.
29 (c) "Accident and health insurance" means insurance
30 written under Article XX of the Insurance Code, other
31 than credit accident and health insurance, and coverages
32 provided in subscriber contracts issued by service
33 corporations. For purposes of this Section such service
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1 corporations shall be deemed to be insurers engaged in
2 the business of insurance.
3 (3) The Director shall issue such rules as he shall deem
4 necessary or desirable to establish specific standards,
5 including standards of full and fair disclosure that set
6 forth the form and content and required disclosure for sale,
7 of individual policies of accident and health insurance,
8 which rules and regulations shall be in addition to and in
9 accordance with the applicable laws of this State, and which
10 may cover but shall not be limited to: (a) terms of
11 renewability; (b) initial and subsequent conditions of
12 eligibility; (c) non-duplication of coverage provisions; (d)
13 coverage of dependents; (e) pre-existing conditions; (f)
14 termination of insurance; (g) probationary periods; (h)
15 limitation, exceptions, and reductions; (i) elimination
16 periods; (j) requirements regarding replacements; (k)
17 recurrent conditions; and (l) the definition of terms
18 including but not limited to the following: hospital,
19 accident, sickness, injury, physician, accidental means,
20 total disability, partial disability, nervous disorder,
21 guaranteed renewable, and non-cancellable.
22 The Director may issue rules that specify prohibited
23 policy provisions not otherwise specifically authorized by
24 statute which in the opinion of the Director are unjust,
25 unfair or unfairly discriminatory to the policyholder, any
26 person insured under the policy, or beneficiary.
27 (4) The Director shall issue such rules as he shall deem
28 necessary or desirable to establish minimum standards for
29 benefits under each category of coverage in individual
30 accident and health policies, other than conversion policies
31 issued pursuant to a contractual conversion privilege under a
32 group policy, including but not limited to the following
33 categories: (a) basic hospital expense coverage; (b) basic
34 medical-surgical expense coverage; (c) hospital confinement
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1 indemnity coverage; (d) major medical expense coverage; (e)
2 disability income protection coverage; (f) accident only
3 coverage; and (g) specified disease or specified accident
4 coverage.
5 Nothing in this subsection (4) shall preclude the
6 issuance of any policy which combines two or more of the
7 categories of coverage enumerated in subparagraphs (a)
8 through (f) of this subsection.
9 No policy shall be delivered or issued for delivery in
10 this State which does not meet the prescribed minimum
11 standards for the categories of coverage listed in this
12 subsection unless the Director finds that such policy is
13 necessary to meet specific needs of individuals or groups and
14 such individuals or groups will be adequately informed that
15 such policy does not meet the prescribed minimum standards,
16 and such policy meets the requirement that the benefits
17 provided therein are reasonable in relation to the premium
18 charged. The standards and criteria to be used by the
19 Director in approving such policies shall be included in the
20 rules required under this Section with as much specificity as
21 practicable.
22 The Director shall prescribe by rule the method of
23 identification of policies based upon coverages provided.
24 (5) (a) In order to provide for full and fair disclosure
25 in the sale of individual accident and health insurance
26 policies, no such policy shall be delivered or issued for
27 delivery in this State unless the outline of coverage
28 described in paragraph (b) of this subsection either
29 accompanies the policy, or is delivered to the applicant at
30 the time the application is made, and an acknowledgment
31 signed by the insured, of receipt of delivery of such
32 outline, is provided to the insurer. In the event the policy
33 is issued on a basis other than that applied for, the outline
34 of coverage properly describing the policy must accompany the
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1 policy when it is delivered and such outline shall clearly
2 state that the policy differs, and to what extent, from that
3 for which application was originally made. All policies,
4 except single premium nonrenewal policies, shall have a
5 notice prominently printed on the first page of the policy or
6 attached thereto stating in substance, that the policyholder
7 shall have the right to return the policy within 10 ten (10)
8 days of its delivery and to have the premium refunded if
9 after examination of the policy the policyholder is not
10 satisfied for any reason.
11 (b) The Director shall issue such rules as he shall deem
12 necessary or desirable to prescribe the format and content of
13 the outline of coverage required by paragraph (a) of this
14 subsection. "Format" means style, arrangement, and overall
15 appearance, including such items as the size, color, and
16 prominence of type and the arrangement of text and captions.
17 "Content" shall include without limitation thereto,
18 statements relating to the particular policy as to the
19 applicable category of coverage prescribed under subsection
20 4; principal benefits; exceptions, reductions and
21 limitations; and renewal provisions, including any
22 reservation by the insurer of a right to change premiums.
23 Such outline of coverage shall clearly state that it
24 constitutes a summary of the policy issued or applied for and
25 that the policy should be consulted to determine governing
26 contractual provisions.
27 (6) Prior to the issuance of rules pursuant to this
28 Section, the Director shall afford the public, including the
29 companies affected thereby, reasonable opportunity for
30 comment. Such rulemaking is subject to the provisions of the
31 Illinois Administrative Procedure Act.
32 (7) When a rule has been adopted, pursuant to this
33 Section, all policies of insurance or subscriber contracts
34 which are not in compliance with such rule shall, when so
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1 provided in such rule, be deemed to be disapproved as of a
2 date specified in such rule not less than 120 days following
3 its effective date, without any further or additional notice
4 other than the adoption of the rule.
5 (8) When a rule adopted pursuant to this Section so
6 provides, a policy of insurance or subscriber contract which
7 does not comply with the rule shall not less than 120 days
8 from the effective date of such rule, be construed, and the
9 insurer or service corporation shall be liable, as if the
10 policy or contract did comply with the rule.
11 (9) Violation of any rule adopted pursuant to this
12 Section shall be a violation of the insurance law for
13 purposes of Sections 370 and 446 of the Insurance Code.
14 (Source: P.A. 90-177, eff. 7-23-97; 90-372, eff. 7-1-98;
15 revised 11-14-97.)
16 (215 ILCS 5/356t)
17 Sec. 356t. Post-mastectomy care. An individual or group
18 policy of accident and health insurance or managed care plan
19 that provides surgical coverage and is amended, delivered,
20 issued, or renewed after the effective date of this
21 amendatory Act of 1997 shall provide inpatient coverage
22 following a mastectomy for a length of time determined by the
23 attending physician to be medically necessary and in
24 accordance with protocols and guidelines based on sound
25 scientific evidence and upon evaluation of the patient and
26 the coverage for and availability of a post-discharge
27 physician office visit or in-home nurse visit to verify the
28 condition of the patient in the first 48 hours after
29 discharge.
30 (Source: P.A. 90-7, eff. 6-10-97.)
31 (215 ILCS 5/356v)
32 Sec. 356v. 356t. Use of information derived from genetic
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1 testing. After the effective date of this amendatory Act of
2 1997, an insurer must comply with the provisions of the
3 Genetic Information Privacy Act in connection with the
4 amendment, delivery, issuance, or renewal of, or claims for
5 or denial of coverage under, an individual or group policy of
6 accident and health insurance.
7 (Source: P.A. 90-25, eff. 1-1-98; revised 10-7-97.)
8 (215 ILCS 5/367.3) (from Ch. 73, par. 979.3)
9 Sec. 367.3. Group accident and health insurance;
10 discretionary groups.
11 (a) No group health insurance offered to a resident of
12 this State under a policy issued to a group, other than one
13 specifically described in Section 367(1), shall be delivered
14 or issued for delivery in this State unless the Director
15 determines that:
16 (1) the issuance of the policy is not contrary to
17 the public interest;
18 (2) the issuance of the policy will result in
19 economies of acquisition and administration; and
20 (3) the benefits under the policy are reasonable in
21 relation to the premium charged.
22 (b) No such group health insurance may be offered in
23 this State under a policy issued in another state unless this
24 State or the state in which the group policy is issued has
25 made a determination that the requirements of subsection (a)
26 have been met.
27 Where insurance is to be offered in this State under a
28 policy described in this subsection, the insurer shall file
29 for informational review purposes:
30 (1) a copy of the group master contract;
31 (2) a copy of the statute authorizing the issuance
32 of the group policy in the state of situs, which statute
33 has the same or similar requirements as this State, or in
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1 the absence of such statute, a certification by an
2 officer of the company that the policy meets the Illinois
3 minimum standards required for individual accident and
4 health policies under authority of Section 401 of this
5 Code, as now or hereafter amended, as promulgated by rule
6 at 50 Illinois Administrative Code, Ch. I, Sec. 2007, et.
7 seq., as now or hereafter amended, or by a successor
8 rule;
9 (3) evidence of approval by the state of situs of
10 the group master policy; and
11 (4) copies of all supportive material furnished to
12 the state of situs to satisfy the criteria for approval.
13 (c) The Director may, at any time after receipt of the
14 information required under subsection (b) and after finding
15 that the standards of subsection (a) have not been met, order
16 the insurer to cease the issuance or marketing of that
17 coverage in this State.
18 (d) Group accident and health insurance subject to the
19 provisions of this Section is also subject to the provisions
20 of Section 367i of this Code.
21 (Source: P.A. 86-753; 87-615; revised 7-2-97.)
22 (215 ILCS 5/367h) (from Ch. 73, par. 979h)
23 Sec. 367h. Deputy's continuance privilege. As used in
24 this Section:
25 1. The terms "municipality" and "creditable service"
26 shall have the meaning ascribed to such terms by Sections
27 7-105 and 7-113, respectively, of the Illinois Pension Code,
28 as now or hereafter amended.
29 The term "deferred pensioner" means a deputy who has
30 retired, having accumulated enough creditable service to
31 qualify for a pension, but who has not attained the required
32 age.
33 2. The term "deputy" shall mean a "sheriff's law
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1 enforcement employee" as defined in Section 7-109.3 of the
2 Illinois Pension Code, and include only persons under the
3 coverage of Article 7 of that Code, as heretofore or
4 hereafter amended.
5 3. The "retirement or disability period" of a deputy
6 means the period:
7 a. which begins on the day the deputy is removed
8 from a sheriff's police department payroll because of the
9 occurrence of any of the following events, to wit: (i)
10 the deputy retires as a deferred pensioner, (ii) the
11 deputy retires from active service as a deputy with an
12 attained age and accumulated creditable service which
13 together qualify the deputy for immediate receipt of
14 retirement pension benefits under Section 7-142.1 of the
15 Illinois Pension Code, or (iii) the deputy's disability
16 is established under Article 7 of the Illinois Pension
17 Code; and
18 b. which ends on the first to occur of any of the
19 following events, to wit: (i) the deputy's reinstatement
20 or reentry into active service in the sheriff's police
21 department as provided for under Article 7 of the
22 Illinois Pension Code, (ii) the deputy's exercise of any
23 refund option or acceptance of any separation benefit
24 available under Article 7 of the Illinois Pension Code,
25 (iii) the deputy's loss pursuant to Section 7-219 of the
26 Illinois Pension Code of any benefits provided for in
27 Article 7 of that Code, or (iv) the deputy's death or --
28 if at the time of the deputy's death the deputy is
29 survived by a spouse who, in that capacity, is entitled
30 to receive a surviving spouse's monthly pension pursuant
31 to Article 7 of the Illinois Pension Code -- the death or
32 remarriage of that spouse.
33 No policy of group accident and health insurance under
34 which deputies employed by a municipality are insured for
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1 their individual benefit shall be issued or delivered in this
2 State to any municipality unless such group policy provides
3 for the election of continued group insurance coverage for
4 the retirement or disability period of each deputy who is
5 insured under the provisions of the group policy on the day
6 immediately preceding the day on which the retirement or
7 disability period of such deputy begins. So long as any
8 required premiums for continued group insurance coverage are
9 paid in accordance with the provisions of the group policy,
10 an election made pursuant to this Section shall provide
11 continued group insurance coverage for a deputy throughout
12 the retirement or disability period of the deputy and, unless
13 the deputy otherwise elects and subject to any other
14 provisions of the group policy which relate either to the
15 provision or to the termination of dependents' coverage and
16 which are not inconsistent with this Section, for any
17 dependents of the deputy who are insured under the group
18 policy on the day immediately preceding the day on which the
19 retirement or disability period of the deputy begins;
20 provided, however, that when such continued group insurance
21 coverage is in effect with respect to a deputy on the date of
22 the deputy's death but the retirement or disability period of
23 the deputy does not end with such deputy's death, then the
24 deceased deputy's surviving spouse upon whose death or
25 remarriage such retirement or disability period will end
26 shall be entitled, without further election and upon payment
27 of any required premiums in accordance with the provisions of
28 the group policy, to maintain such continued group insurance
29 coverage in effect until the end of such retirement or
30 disability period. Continued group insurance coverage shall
31 be provided in accordance with this Section at the same
32 premium rate from time to time charged for equivalent
33 coverage provided under the group policy with respect to
34 covered deputies whose retirement or disability period has
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1 not begun, and no distinction or discrimination in the amount
2 or rate of premiums or in any waiver of premium or other
3 benefit provision shall be made between continued group
4 insurance coverage elected pursuant to this Section and
5 equivalent coverage provided to deputies under the group
6 policy other than pursuant to the provisions of this Section;
7 provided that no municipality shall be required by reason of
8 any provision of this Section to pay any group insurance
9 premium other than one that may be negotiated in a collective
10 bargaining agreement. If the group policy provides for a
11 reduction in benefits and premium for insureds who become
12 eligible for medicare, such provision shall apply to persons
13 electing continued coverage under this Section.
14 Within 15 days of the beginning of the retirement or
15 disability period of any deputy entitled to elect continued
16 group insurance coverage under any group policy affected by
17 this Section, the municipality last employing such deputy
18 shall give written notice of such beginning by certified
19 mail, return receipt requested, to the insurance company
20 issuing such policy. The notice shall include the deputy's
21 name and last known place of residence and the beginning date
22 of the deputy's retirement or disability period.
23 Within 15 days of the date of receipt of such notice from
24 the municipality, the insurance company by certified mail,
25 return receipt requested, shall give written notice to the
26 deputy at the deputy's last known place of residence that
27 coverage under the group policy may be continued for the
28 retirement or disability period of the deputy as provided in
29 this Section. Such notice shall set forth: (i) a statement
30 of election to be filed by the deputy if the deputy wishes to
31 continue such group insurance coverage, (ii) the amount of
32 monthly premium, including a statement of the portion of such
33 monthly premium attributable to any dependents' coverage
34 which the deputy may elect, and (iii) instructions as to the
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1 return of the election form to the insurance company issuing
2 such policy. Election shall be made, if at all, by returning
3 the statement of election to the insurance company by
4 certified mail, return receipt requested, within 15 days
5 after having received it.
6 If the deputy elects to continue coverage, it shall be
7 the obligation of the deputy to pay the monthly premium
8 directly to the municipality which shall forward it to the
9 insurance company issuing the group insurance policy, or as
10 otherwise directed by the insurance company; provided,
11 however, that the deputy shall be entitled to designate on
12 the statement of election required to be filed with the
13 insurance company that the total monthly premium, or such
14 portion thereof as is not contributed by a municipality, be
15 deducted by the Illinois Municipal Retirement Fund from the
16 monthly pension payment otherwise payable to or on behalf of
17 the deputy pursuant to Article 7 of the the Illinois Pension
18 Code, and be remitted by such Fund to the insurance company.
19 The portion, if any, of the monthly premium contributed by a
20 municipality for such continued group insurance coverage
21 shall be paid by the directly to the insurance company
22 issuing the group insurance policy, or as directed by the
23 insurance company. Such continued group insurance coverage
24 shall relate back to the beginning of the deputy's retirement
25 or disability period.
26 The amendment, renewal or extension of any group
27 insurance policy affected by this Section shall be deemed to
28 be the issuance of a new policy of insurance for purposes of
29 this Section.
30 In the event that a municipality makes a program of
31 accident, health, hospital or medical benefits available to
32 its deputies through self-insurance, or by participation in a
33 pool or reciprocal insurer, or by contract in a form other
34 than a policy of group insurance with one or more medical
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1 service plans, health care service corporations, health
2 maintenance organizations, or any other professional
3 corporations or plans under which health care or
4 reimbursement for the costs thereof is provided, whether the
5 cost of such benefits is borne by the municipality or the
6 deputies or both, such deputies and their surviving spouses
7 shall have the same right to elect continued coverage under
8 such program of benefits as they would have if such benefits
9 were provided by a policy of group accident and health
10 insurance. In such cases, the notice of right to elect
11 continued coverage shall be sent by the municipality; the
12 statement of election shall be sent to the municipality; and
13 references to the required premium shall refer to that
14 portion of the cost of such benefits which is not borne by
15 the municipality, either voluntarily or pursuant to the
16 provisions of a collective bargaining agreement. In the case
17 of a municipality providing such benefits through
18 self-insurance or participation in a pool or reciprocal
19 insurer, the right to elect continued coverage which is
20 provided by this paragraph shall be implemented and made
21 available to the deputies of the municipality and qualifying
22 surviving spouses not later than July 1, 1986.
23 The amendment, renewal or extension of any such contract
24 in a form other than a policy of group insurance policy shall
25 be deemed the formation of a new contract for the purposes of
26 this Section.
27 This Section shall not limit the exercise of any
28 conversion privileges available under Section 367e.
29 (Source: P.A. 84-1010; revised 7-2-97.)
30 (215 ILCS 5/370h) (from Ch. 73, par. 982h)
31 Sec. 370h. Noninstitutional providers. Before entering
32 into any agreement under this Article an insurer or
33 administrator shall establish terms and conditions that must
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1 be met by noninstitutional providers wishing to enter into an
2 agreement with the insurer or administrator. These terms and
3 conditions may not discriminate unreasonably against or among
4 noninstitutional providers. Neither difference in prices
5 among noninstitutional providers produced by a process of
6 individual negotiation nor price differences among other
7 noninstitutional providers in different geographical areas or
8 different specialties specialities constitutes unreasonable
9 discrimination.
10 An insurer or administrator shall not refuse to contract
11 with any noninstitutional provider who meets the terms and
12 conditions established by the insurer or administrator.
13 (Source: P.A. 84-618; revised 7-2-97.)
14 (215 ILCS 5/499.1) (from Ch. 73, par. 1065.46-1)
15 Sec. 499.1. Registered firms.
16 (a) Any corporation, partnership, or limited liability
17 company transacting insurance business as an insurance agency
18 shall register with the Director before transacting insurance
19 business in this State. Such registration shall remain in
20 effect as long as the firm pays the annual fee required by
21 Section 509.1 of this Code by the date due, unless the
22 registration is revoked or suspended pursuant to Section
23 505.1 of this Code.
24 (b) Each firm required to register before acting as a
25 registered firm pursuant to this Article shall appoint one or
26 more licensed insurance producers who are officers,
27 directors, or partners in the firm to be responsible for the
28 firm's compliance with the insurance laws and Title 50 of the
29 Illinois Administrative Code. Such individual or individuals
30 shall submit to the Director a registration form and the fees
31 required by Section 509.1. The Director shall prescribe the
32 registration form and may require any documents reasonably
33 necessary to verify the information contained in the
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1 registration form. Within 30 days of a change in officers,
2 directors, or partners who are appointed to be responsible
3 for the firm's compliance with the insurance laws and Title
4 50 of the Illinois Administrative Code, the firm shall report
5 the change to the Department.
6 (c) The registered firm shall inform the Director in
7 writing of a change in its business address within 30 days of
8 such change.
9 (d) Each registered firm shall disclose its members,
10 officers or directors who are authorized to act as insurance
11 producers, and report any changes in such personnel to the
12 Director within 30 days of such changes.
13 (e) (Blank).
14 (Source: P.A. 89-240, eff. 1-1-96; 90-41, eff. 10-1-97;
15 90-499, eff. 8-19-97; revised 11-17-97.)
16 (215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
17 Sec. 509.1. Fees.
18 (a) The fees required by this Article are as follows:
19 (1) An annual fee of $75 for an insurance producer
20 license;
21 (2) A fee of $25 for the issuance of a temporary
22 insurance producer license;
23 (3) An annual registration fee of $25 for a
24 business firm to register;
25 (4) An annual $25 fee for a limited insurance
26 representative license;
27 (5) A $25 application fee for the processing of
28 each request to take the written examination for an
29 insurance producer license;
30 (6) An annual registration fee of $500 for an
31 education provider to register;
32 (7) A certification fee of $25 for each certified
33 prelicensing or continuing education course and an annual
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1 fee of $10 for renewing the certification of each such
2 course; and
3 (8) A license reinstatement fee of $50 for
4 reinstating a license which lapsed because the annual fee
5 was not received by the due date.
6 (9) A registration fee of $15 for reinstating a
7 firm registration that lapsed because the annual fee was
8 not received by the due date.
9 (b) Except as otherwise provided, all fees paid to and
10 collected by the Director under this Section shall be paid
11 promptly after receipt thereof, together with a detailed
12 statement of such fees, into a special fund in the State
13 Treasury to be known as the Insurance Producer Administration
14 Fund. The monies deposited into the Insurance Producer
15 Administration Administrative Fund shall be used only for
16 payment of the expenses of the Department in the execution,
17 administration and enforcement of the insurance laws of this
18 State, and shall be appropriated as otherwise provided by law
19 for the payment of such expenses with first priority being
20 any expenses incident to or associated with the
21 administration and enforcement of this Article.
22 (Source: P.A. 89-152, eff. 1-1-97; 90-372, eff. 7-1-98;
23 revised 10-7-97.)
24 (215 ILCS 5/513a2) (from Ch. 73, par. 1065.60a2)
25 Sec. 513a2. Definitions.
26 (a) Accepted agreement. "Accepted agreement" means a
27 premium finance agreement deemed to be accepted by a premium
28 finance company when a binder number or policy number is
29 provided for each policy premium listed on the premium
30 finance agreement and premium payment book or when the first
31 premium payment notice has been sent to the named insured.
32 (b) Financing insurance premiums. "Financing insurance
33 premiums" means to be engaged in the practice of:
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1 (1) advancing monies directly or indirectly to an
2 insurer pursuant to the terms of an acquired premium
3 finance agreement; or
4 (2) allowing 10% or more of a producer's or
5 registered firm's firms's premium accounts receivable to
6 be more than 90 days past due.
7 (c) Premium finance agreement. "Premium finance
8 agreement" means a promissory note, loan contract, or
9 agreement by which an insured or prospective insured promises
10 to pay to another person an amount advanced or to be advanced
11 thereunder to an insurer in payment of premiums on an
12 insurance contract together with a service charge and which
13 contains an assignment of or is otherwise secured by the
14 unearned premium payable by the insurer upon cancellation of
15 the insurance contract; provided, however, that a premium
16 finance agreement shall not include an installment sale
17 contract, lease agreement, security agreement, or mortgage
18 covering personal or real property that includes a charge for
19 insurance or pursuant to which the vendor, lessor,
20 lienholder, or mortgagee is authorized to pay or advance the
21 premium for insurance with respect to that property.
22 (d) Premium finance company. "Premium finance company"
23 means any person engaged in the business of financing
24 insurance premiums, of entering into premium finance
25 agreements with insureds, or of acquiring premium finance
26 agreements.
27 (Source: P.A. 87-811; revised 7-2-97.)
28 (215 ILCS 5/810.1)
29 Sec. 810.1. Reinsurance Agreements. All insurers shall
30 enter into a reinsurance agreement with the Fund. The
31 reinsurance agreement with the Fund. The reinsurance
32 agreement shall be filed with and approved by the Director.
33 The agreement shall provide that each insurer shall cede 100%
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1 of any subsidence insurance written up to the limits
2 contained in paragraph 805.1(c) to the Fund and, in
3 consideration of the ceding commission retained by the
4 insurer, agrees to distribute informational publications
5 provided by the Fund on a schedule set by the Fund, undertake
6 adjustment of losses, payment of taxes, and all other
7 expenses of the insurer necessary for sale of policies and
8 administration of the mine subsidence insurance coverage.
9 The Fund shall agree to reimburse the insurer for all amounts
10 reasonably and properly paid policyholders from claims
11 resulting from mine subsidence and for expenses specified in
12 the reinsurance agreement. In addition, the reinsurance
13 agreement may contain, and may authorize the Fund to
14 establish and promulgate deductibles. The reinsurance
15 agreement may also contain reasonable rules and procedures
16 covering insurer documentation of losses; insurer reporting
17 of claims, reports of litigation, premiums and loss payments;
18 loss payment review by the Fund; remitting of premiums to the
19 Fund; underwriting; and cause and origin investigations; and
20 procedures for resolving disputes between the insurers and
21 the Fund.
22 (Source: P.A. 88-379; revised 12-18-97.)
23 (215 ILCS 5/817.1)
24 Sec. 817.1. Powers of Director. In addition to any
25 powers conferred upon him by this or any other law, the
26 Director shall have the authority to supervise the operations
27 of the Fund and shall review the Fund's rates once every
28 three years. In addition the Director or any person
29 designated by him has the power:
30 (a) to examine the operation of the Fund through
31 free access to all books, records, files, papers and
32 documents relating to its operation and may summon,
33 qualify and examine as witnesses all persons having
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1 knowledge of or such operation, including officers,
2 agents or employees thereof;
3 (b) to do all things necessary to enable the State
4 of Illinois and any insurer participating in any program
5 approved by the Director to fully participate in any
6 federal program which may be enacted for purposes similar
7 to the purposes of this Article;
8 (c) to require such reports as the Director may
9 deem necessary.
10 (Source: P.A. 88-379; revised 12-18-97.)
11 (215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
12 Sec. 1003. Definitions. As used in this Article:
13 (A) "Adverse underwriting decision" means:
14 (1) any of the following actions with respect to
15 insurance transactions involving insurance coverage which
16 is individually underwritten:
17 (a) a declination of insurance coverage,
18 (b) a termination of insurance coverage,
19 (c) failure of an agent to apply for insurance
20 coverage with a specific insurance institution which
21 the agent represents and which is requested by an
22 applicant,
23 (d) in the case of a property or casualty
24 insurance coverage:
25 (i) placement by an insurance institution
26 or agent of a risk with a residual market
27 mechanism, an unauthorized insurer or an
28 insurance institution which specializes in
29 substandard risks, or
30 (ii) the charging of a higher rate on the
31 basis of information which differs from that
32 which the applicant or policyholder furnished,
33 or
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1 (e) in the case of life, health or disability
2 insurance coverage, an offer to insure at higher
3 than standard rates.
4 (2) Notwithstanding paragraph (1) above, the
5 following actions shall not be considered adverse
6 underwriting decisions but the insurance institution or
7 agent responsible for their occurrence shall nevertheless
8 provide the applicant or policyholder with the specific
9 reason or reasons for their occurrence:
10 (a) the termination of an individual policy
11 form on a class or statewide basis,
12 (b) a declination of insurance coverage solely
13 because such coverage is not available on a class or
14 statewide basis, or
15 (c) the rescission of a policy.
16 (B) "Affiliate" or "affiliated" means a person that
17 directly, or indirectly through one or more intermediaries,
18 controls, is controlled by or is under common control with
19 another person.
20 (C) "Agent" means an individual, firm, partnership,
21 association or corporation who is involved in the
22 solicitation, negotiation or binding of coverages for or on
23 applications or policies of insurance, covering property or
24 risks located in this State. For the purposes of this
25 Article, both "Insurance Agent" and "Insurance Broker", as
26 defined in Section 490, shall be considered an agent.
27 (D) "Applicant" means any person who seeks to contract
28 for insurance coverage other than a person seeking group
29 insurance that is not individually underwritten.
30 (E) "Director" means the Director of Insurance.
31 (F) "Consumer report" means any written, oral or other
32 communication of information bearing on a natural person's
33 credit worthiness, credit standing, credit capacity,
34 character, general reputation, personal characteristics or
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1 mode of living which is used or expected to be used in
2 connection with an insurance transaction.
3 (G) "Consumer reporting agency" means any person who:
4 (1) regularly engages, in whole or in part, in the
5 practice of assembling or preparing consumer reports for
6 a monetary fee,
7 (2) obtains information primarily from sources other
8 than insurance institutions, and
9 (3) furnishes consumer reports to other persons.
10 (H) "Control", including the terms "controlled by" or
11 "under common control with", means the possession, direct or
12 indirect, of the power to direct or cause the direction of
13 the management and policies of a person, whether through the
14 ownership of voting securities, by contract other than a
15 commercial contract for goods or nonmanagement services, or
16 otherwise, unless the power is the result of an official
17 position with or corporate office held by the person.
18 (I) "Declination of insurance coverage" means a denial,
19 in whole or in part, by an insurance institution or agent of
20 requested insurance coverage.
21 (J) "Individual" means any natural person who:
22 (1) in the case of property or casualty insurance,
23 is a past, present or proposed named insured or
24 certificateholder;
25 (2) in the case of life, health or disability
26 insurance, is a past, present or proposed principal
27 insured or certificateholder;
28 (3) is a past, present or proposed policyowner;
29 (4) is a past or present applicant;
30 (5) is a past or present claimant; or
31 (6) derived, derives or is proposed to derive
32 insurance coverage under an insurance policy or
33 certificate subject to this Article.
34 (K) "Institutional source" means any person or
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1 governmental entity that provides information about an
2 individual to an agent, insurance institution or
3 insurance-support organization, other than:
4 (1) an agent,
5 (2) the individual who is the subject of the
6 information, or
7 (3) a natural person acting in a personal capacity
8 rather than in a business or professional capacity.
9 (L) "Insurance institution" means any corporation,
10 association, partnership, reciprocal exchange, inter-insurer,
11 Lloyd's insurer, fraternal benefit society or other person
12 engaged in the business of insurance, health maintenance
13 organizations as defined in Section 2 of the Health
14 Maintenance Organization Act, medical service plans as
15 defined in Section 2 of the Medical Service Plan Act,
16 hospital service corporation under the Nonprofit Health Care
17 Service Plan Act, voluntary health services plans as defined
18 in Section 2 of the Voluntary Health Services Plans Act, and
19 dental service plans as defined in Section 4 of the Dental
20 Service Plan Act. "Insurance institution" shall not include
21 agents or insurance-support organizations.
22 (M) "Insurance-support organization" means:
23 (1) any person who regularly engages, in whole or in
24 part, in the practice of assembling or collecting
25 information about natural persons for the primary purpose
26 of providing the information to an insurance institution
27 or agent for insurance transactions, including:
28 (a) the furnishing of consumer reports or
29 investigative consumer reports to an insurance
30 institution or agent for use in connection with an
31 insurance transaction, or
32 (b) the collection of personal information
33 from insurance institutions, agents or other
34 insurance-support organizations for the purpose of
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1 detecting or preventing fraud, material
2 misrepresentation or material nondisclosure in
3 connection with insurance underwriting or insurance
4 claim activity.
5 (2) Notwithstanding paragraph (1) above, the
6 following persons shall not be considered
7 "insurance-support organizations" for purposes of this
8 Article: agents, government institutions, insurance
9 institutions, medical care institutions and medical
10 professionals.
11 (N) "Insurance transaction" means any transaction
12 involving insurance primarily for personal, family or
13 household needs rather than business or professional needs
14 which entails:
15 (1) the determination of an individual's
16 eligibility for an insurance coverage, benefit or
17 payment, or
18 (2) the servicing of an insurance application,
19 policy, contract or certificate.
20 (O) "Investigative consumer report" means a consumer
21 report or portion thereof in which information about a
22 natural person's character, general reputation, personal
23 characteristics or mode of living is obtained through
24 personal interviews with the person's neighbors, friends,
25 associates, acquaintances or others who may have knowledge
26 concerning such items of information.
27 (P) "Medical-care institution" means any facility or
28 institution that is licensed to provide health care services
29 to natural persons, including but not limited to: hospitals,
30 skilled nursing facilities, home-health agencies, medical
31 clinics, rehabilitation agencies and public-health agencies
32 and health-maintenance organizations.
33 (Q) "Medical professional" means any person licensed or
34 certified to provide health care services to natural
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1 persons, including but not limited to, a physician, dentist,
2 nurse, optometrist, chiropractor, naprapath, pharmacist,
3 physical or occupational therapist, psychiatric social
4 worker, speech therapist, clinical dietitian or clinical
5 psychologist.
6 (R) "Medical-record information" means personal
7 information which:
8 (1) relates to an individual's physical or mental
9 condition, medical history or medical treatment, and
10 (2) is obtained from a medical professional or
11 medical-care institution, from the individual, or from
12 the individual's spouse, parent or legal guardian.
13 (S) "Person" means any natural person, corporation,
14 association, partnership or other legal entity.
15 (T) "Personal information" means any individually
16 identifiable information gathered in connection with an
17 insurance transaction from which judgments can be made about
18 an individual's character, habits, avocations, finances,
19 occupation, general reputation, credit, health or any other
20 personal characteristics. "Personal information" includes an
21 individual's name and address and "medical-record
22 information" but does not include "privileged information".
23 (U) "Policyholder" means any person who:
24 (1) in the case of individual property or casualty
25 insurance, is a present named insured;
26 (2) in the case of individual life, health or
27 disability insurance, is a present policyowner; or
28 (3) in the case of group insurance which is
29 individually underwritten, is a present group
30 certificateholder.
31 (V) "Pretext interview" means an interview whereby a
32 person, in an attempt to obtain information about a natural
33 person, performs one or more of the following acts:
34 (1) pretends to be someone he or she is not,
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1 (2) pretends to represent a person he or she is not
2 in fact representing,
3 (3) misrepresents the true purpose of the
4 interview, or
5 (4) refuses to identify himself or herself upon
6 request.
7 (W) "Privileged information" means any individually
8 identifiable information that: (1) relates to a claim for
9 insurance benefits or a civil or criminal proceeding
10 involving an individual, and (2) is collected in connection
11 with or in reasonable anticipation of a claim for insurance
12 benefits or civil or criminal proceeding involving an
13 individual; provided, however, information otherwise meeting
14 the requirements of this subsection shall nevertheless be
15 considered "personal information" under this Article if it is
16 disclosed in violation of Section 1014 of this Article.
17 (X) "Residual market mechanism" means an association,
18 organization or other entity described in Article XXXIII of
19 this Act, or Section 7-501 of The Illinois Vehicle Code.
20 (Y) "Termination of insurance coverage" or "termination
21 of an insurance policy" means either a cancellation or
22 nonrenewal of an insurance policy, in whole or in part, for
23 any reason other than the failure to pay a premium as
24 required by the policy.
25 (Z) "Unauthorized insurer" means an insurance institution
26 that has not been granted a certificate of authority by the
27 Director to transact the business of insurance in this State.
28 (Source: P.A. 90-7, eff. 6-10-97; 90-177, eff. 7-23-97;
29 90-372, eff. 7-1-98; revised 11-14-97.)
30 Section 101. The Comprehensive Health Insurance Plan Act
31 is amended by changing Section 8 as follows:
32 (215 ILCS 105/8) (from Ch. 73, par. 1308)
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1 Sec. 8. Minimum benefits.
2 a. Availability. The Plan shall offer in an annually
3 renewable policy major medical expense coverage to every
4 eligible person who is not eligible for Medicare. Major
5 medical expense coverage offered by the Plan shall pay an
6 eligible person's covered expenses, subject to limit on the
7 deductible and coinsurance payments authorized under
8 paragraph (4) of subsection d of this Section, up to a
9 lifetime benefit limit of $1,000,000 per covered individual.
10 The maximum limit under this subsection shall not be altered
11 by the Board, and no actuarial equivalent benefit may be
12 substituted by the Board. Any person who otherwise would
13 qualify for coverage under the Plan, but is excluded because
14 he or she is eligible for Medicare, shall be eligible for any
15 separate Medicare supplement policy or policies which the
16 Board may offer.
17 b. Outline of benefits. Covered expenses shall be
18 limited to the usual and customary charge, including
19 negotiated fees, in the locality for the following services
20 and articles when prescribed by a physician and determined by
21 the Plan to be medically necessary for the following areas of
22 services, subject to such separate deductibles, co-payments,
23 exclusions, and other limitations on benefits as the Board
24 shall establish and approve, and the other provisions of this
25 Section:
26 (1) Hospital services.
27 (2) Professional services for the diagnosis or
28 treatment of injuries, illnesses or conditions, other
29 than dental and mental and nervous disorders as described
30 in paragraph (17), which are rendered by a physician, or
31 by other licensed professionals at the physician's
32 direction.
33 (3) (Blank).
34 (4) Drugs requiring a physician's prescription.
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1 (5) Skilled nursing services of a licensed skilled
2 nursing facility for not more than 120 days during a
3 policy year.
4 (6) Services of a home health agency in accord with
5 a home health care plan, up to a maximum of 270 visits
6 per year.
7 (7) Services of a licensed hospice for not more
8 than 180 days during a policy year.
9 (8) Use of radium or other radioactive materials.
10 (9) Oxygen.
11 (10) Anesthetics.
12 (11) Orthoses and prostheses other than dental.
13 (12) Rental or purchase in accordance with Board
14 policies or procedures of durable medical equipment,
15 other than eyeglasses or hearing aids, for which there is
16 no personal use in the absence of the condition for which
17 it is prescribed.
18 (13) Diagnostic x-rays and laboratory tests.
19 (14) Oral surgery for excision of partially or
20 completely unerupted impacted teeth or the gums and
21 tissues of the mouth, when not performed in connection
22 with the routine extraction or repair of teeth, and oral
23 surgery and procedures, including orthodontics and
24 prosthetics necessary for craniofacial or maxillofacial
25 conditions and to correct congenital defects or injuries
26 due to accident.
27 (15) Physical, speech, and functional occupational
28 therapy as medically necessary and provided by
29 appropriate licensed professionals.
30 (16) Emergency and other medically necessary
31 transportation provided by a licensed ambulance service
32 to the nearest health care facility qualified to treat a
33 covered illness, injury, or condition, subject to the
34 provisions of the Emergency Medical Systems (EMS) Act.
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1 (17) Outpatient services for diagnosis and
2 treatment of mental and nervous disorders provided that a
3 covered person shall be required to make a copayment not
4 to exceed 50% and that the Plan's payment shall not
5 exceed such amounts as are established by the Board.
6 (18) Human organ or tissue transplants specified by
7 the Board that are performed at a hospital designated by
8 the Board as a participating transplant center for that
9 specific organ or tissue transplant.
10 (19) Naprapathic services, as appropriate, provided
11 by a licensed naprapathic practitioner.
12 c. Exclusions. Covered expenses of the Plan shall not
13 include the following:
14 (1) Any charge for treatment for cosmetic purposes
15 other than for reconstructive surgery when the service is
16 incidental to or follows surgery resulting from injury,
17 sickness or other diseases of the involved part or
18 surgery for the repair or treatment of a congenital
19 bodily defect to restore normal bodily functions.
20 (2) Any charge for care that is primarily for rest,
21 custodial, educational, or domiciliary purposes.
22 (3) Any charge for services in a private room to
23 the extent it is in excess of the institution's charge
24 for its most common semiprivate room, unless a private
25 room is prescribed as medically necessary by a physician.
26 (4) That part of any charge for room and board or
27 for services rendered or articles prescribed by a
28 physician, dentist, or other health care personnel that
29 exceeds the reasonable and customary charge in the
30 locality or for any services or supplies not medically
31 necessary for the diagnosed injury or illness.
32 (5) Any charge for services or articles the
33 provision of which is not within the scope of licensure
34 of the institution or individual providing the services
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1 or articles.
2 (6) Any expense incurred prior to the effective
3 date of coverage by the Plan for the person on whose
4 behalf the expense is incurred.
5 (7) Dental care, dental surgery, dental treatment
6 or dental appliances, except as provided in paragraph
7 (14) of subsection b of this Section.
8 (8) Eyeglasses, contact lenses, hearing aids or
9 their fitting.
10 (9) Illness or injury due to acts of war.
11 (10) Services of blood donors and any fee for
12 failure to replace the first 3 pints of blood provided to
13 a covered person each policy year.
14 (11) Personal supplies or services provided by a
15 hospital or nursing home, or any other nonmedical or
16 nonprescribed supply or service.
17 (12) Routine maternity charges for a pregnancy,
18 except where added as optional coverage with payment of
19 an additional premium for pregnancy resulting from
20 conception occurring after the effective date of the
21 optional coverage.
22 (13) (Blank).
23 (14) Any expense or charge for services, drugs, or
24 supplies that are: (i) not provided in accord with
25 generally accepted standards of current medical practice;
26 (ii) for procedures, treatments, equipment, transplants,
27 or implants, any of which are investigational,
28 experimental, or for research purposes; (iii)
29 investigative and not proven safe and effective; or (iv)
30 for, or resulting from, a gender transformation
31 operation.
32 (15) Any expense or charge for routine physical
33 examinations or tests.
34 (16) Any expense for which a charge is not made in
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1 the absence of insurance or for which there is no legal
2 obligation on the part of the patient to pay.
3 (17) Any expense incurred for benefits provided
4 under the laws of the United States and this State,
5 including Medicare and Medicaid and other medical
6 assistance, military service-connected disability
7 payments, medical services provided for members of the
8 armed forces and their dependents or employees of the
9 armed forces of the United States, and medical services
10 financed on behalf of all citizens by the United States.
11 (18) Any expense or charge for in vitro
12 fertilization, artificial insemination, or any other
13 artificial means used to cause pregnancy.
14 (19) Any expense or charge for oral contraceptives
15 used for birth control or any other temporary birth
16 control measures.
17 (20) Any expense or charge for sterilization or
18 sterilization reversals.
19 (21) Any expense or charge for weight loss
20 programs, exercise equipment, or treatment of obesity,
21 except when certified by a physician as morbid obesity
22 (at least 2 times normal body weight).
23 (22) Any expense or charge for acupuncture
24 treatment unless used as an anesthetic agent for a
25 covered surgery.
26 (23) Any expense or charge for or related to organ
27 or tissue transplants other than those performed at a
28 hospital with a Board approved organ transplant program
29 that has been designated by the Board as a preferred or
30 exclusive provider organization for that specific organ
31 or tissue transplant.
32 (24) Any expense or charge for procedures,
33 treatments, equipment, or services that are provided in
34 special settings for research purposes or in a controlled
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1 environment, are being studied for safety, efficiency,
2 and effectiveness, and are awaiting endorsement by the
3 appropriate national medical speciality college for
4 general use within the medical community.
5 d. Deductibles and coinsurance.
6 The Plan coverage defined in Section 6 shall provide for
7 a choice of deductibles per individual as authorized by the
8 Board. If 2 individual members of the same family household,
9 who are both covered persons under the Plan, satisfy the same
10 applicable deductibles, no other member of that family who is
11 also a covered person under the Plan shall be required to
12 meet any deductibles for the balance of that calendar year.
13 The deductibles must be applied first to the authorized
14 amount of covered expenses incurred by the covered person. A
15 mandatory coinsurance requirement shall be imposed at the
16 rate authorized by the Board in excess of the mandatory
17 deductible, the coinsurance in the aggregate not to exceed
18 such amounts as are authorized by the Board per annum. At
19 its discretion the Board may, however, offer catastrophic
20 coverages or other policies that provide for larger
21 deductibles with or without coinsurance requirements. The
22 deductibles and coinsurance factors may be adjusted annually
23 according to the Medical Component of the Consumer Price
24 Index.
25 e. Scope of coverage.
26 (1) In approving any of the benefit plans to be offered
27 by the Plan, the Board shall establish such benefit levels,
28 deductibles, coinsurance factors, exclusions, and limitations
29 as it may deem appropriate and that it believes to be
30 generally reflective of and commensurate with health
31 insurance coverage that is provided in the individual market
32 in this State.
33 (2) The benefit plans approved by the Board may also
34 provide for and employ various cost containment measures and
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1 other requirements including, but not limited to,
2 preadmission certification, prior approval, second surgical
3 opinions, concurrent utilization review programs, individual
4 case management, preferred provider organizations, health
5 maintenance organizations, and other cost effective
6 arrangements for paying for covered expenses.
7 f. Preexisting conditions.
8 (1) Except for federally eligible individuals
9 qualifying for Plan coverage under Section 15 of this Act
10 or eligible persons who qualify for and elect to purchase
11 the waiver authorized in paragraph (3) of this
12 subsection, plan coverage shall exclude charges or
13 expenses incurred during the first 6 months following the
14 effective date of coverage as to any condition if: (a)
15 the condition had manifested itself within the 6 month
16 period immediately preceding the effective date of
17 coverage in such a manner as would cause an ordinarily
18 prudent person to seek diagnosis, care or treatment; or
19 (b) medical advice, care or treatment was recommended or
20 received within the 6 month period immediately preceding
21 the effective date of coverage.
22 (2) (Blank).
23 (3) Waiver: The preexisting condition exclusions as
24 set forth in paragraph (1) of this subsection shall be
25 waived to the extent to which the eligible person: (a)
26 has satisfied similar exclusions under any prior health
27 insurance coverage or group health plan that was
28 involuntarily terminated; (b) is ineligible for any
29 continuation coverage that would continue or provide
30 substantially similar coverage following that
31 termination; and (c) has applied for Plan coverage not
32 later than 30 days following the involuntary termination.
33 No policy or plan shall be deemed to have been
34 involuntarily terminated if the master policyholder or
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1 other controlling party elected to change insurance
2 coverage from one health insurance issuer or group health
3 plan to another even if that decision resulted in a
4 discontinuation of coverage for any individual under the
5 plan, either totally or for any medical condition. For
6 each eligible person who qualifies for and elects this
7 waiver, there shall be added to each payment of premium,
8 on a prorated basis, a surcharge of up to 10% of the
9 otherwise applicable annual premium for as long as that
10 individual's coverage under the Plan remains in effect or
11 60 months, whichever is less.
12 g. Other sources primary; nonduplication of benefits.
13 (1) The Plan shall be the last payor of benefits
14 whenever any other benefit or source of third party
15 payment is available. Subject to the provisions of
16 subsection e of Section 7, benefits otherwise payable
17 under Plan coverage shall be reduced by all amounts paid
18 or payable by Medicare or any other government program or
19 through any health insurance or group health plan,
20 whether by insurance, reimbursement, or otherwise, or
21 through any third party liability, settlement, judgment,
22 or award, regardless of the date of the settlement,
23 judgment, or award, whether the settlement, judgment, or
24 award is in the form of a contract, agreement, or trust
25 on behalf of a minor or otherwise and whether the
26 settlement, judgment, or award is payable to the covered
27 person, his or her dependent, estate, personal
28 representative, or guardian in a lump sum or over time,
29 and by all hospital or medical expense benefits paid or
30 payable under any worker's compensation coverage,
31 automobile medical payment, or liability insurance,
32 whether provided on the basis of fault or nonfault, and
33 by any hospital or medical benefits paid or payable under
34 or provided pursuant to any State or federal law or
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1 program.
2 (2) The Plan shall have a cause of action against
3 any covered person or any other person or entity for the
4 recovery of any amount paid to the extent the amount was
5 for treatment, services, or supplies not covered in this
6 Section or in excess of benefits as set forth in this
7 Section.
8 (3) Whenever benefits are due from the Plan because
9 of sickness or an injury to a covered person resulting
10 from a third party's wrongful act or negligence and the
11 covered person has recovered or may recover damages from
12 a third party or its insurer, the Plan shall have the
13 right to reduce benefits or to refuse to pay benefits
14 that otherwise may be payable by the amount of damages
15 that the covered person has recovered or may recover
16 regardless of the date of the sickness or injury or the
17 date of any settlement, judgment, or award resulting from
18 that sickness or injury.
19 During the pendency of any action or claim that is
20 brought by or on behalf of a covered person against a
21 third party or its insurer, any benefits that would
22 otherwise be payable except for the provisions of this
23 paragraph (3) shall be paid if payment by or for the
24 third party has not yet been made and the covered person
25 or, if incapable, that person's legal representative
26 agrees in writing to pay back promptly the benefits paid
27 as a result of the sickness or injury to the extent of
28 any future payments made by or for the third party for
29 the sickness or injury. This agreement is to apply
30 whether or not liability for the payments is established
31 or admitted by the third party or whether those payments
32 are itemized.
33 Any amounts due the plan to repay benefits may be
34 deducted from other benefits payable by the Plan after
HB1268 Enrolled -679- LRB9000999EGfg
1 payments by or for the third party are made.
2 (4) Benefits due from the Plan may be reduced or
3 refused as an offset against any amount otherwise
4 recoverable under this Section.
5 h. Right of subrogation; recoveries.
6 (1) Whenever the Plan has paid benefits because of
7 sickness or an injury to any covered person resulting
8 from a third party's wrongful act or negligence, or for
9 which an insurer is liable in accordance with the
10 provisions of any policy of insurance, and the covered
11 person has recovered or may recover damages from a third
12 party that is liable for the damages, the Plan shall have
13 the right to recover the benefits it paid from any
14 amounts that the covered person has received or may
15 receive regardless of the date of the sickness or injury
16 or the date of any settlement, judgment, or award
17 resulting from that sickness or injury. The Plan shall
18 be subrogated to any right of recovery the covered person
19 may have under the terms of any private or public health
20 care coverage or liability coverage, including coverage
21 under the Workers' Compensation Act or the Workers'
22 Occupational Diseases Act, without the necessity of
23 assignment of claim or other authorization to secure the
24 right of recovery. To enforce its subrogation right, the
25 Plan may (i) intervene or join in an action or proceeding
26 brought by the covered person or his personal
27 representative, including his guardian, conservator,
28 estate, dependents, or survivors, against any third party
29 or the third party's insurer that may be liable or (ii)
30 institute and prosecute legal proceedings against any
31 third party or the third party's insurer that may be
32 liable for the sickness or injury in an appropriate court
33 either in the name of the Plan or in the name of the
34 covered person or his personal representative, including
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1 his guardian, conservator, estate, dependents, or
2 survivors.
3 (2) If any action or claim is brought by or on
4 behalf of a covered person against a third party or the
5 third party's insurer, the covered person or his personal
6 representative, including his guardian, conservator,
7 estate, dependents, or survivors, shall notify the Plan
8 by personal service or registered mail of the action or
9 claim and of the name of the court in which the action or
10 claim is brought, filing proof thereof in the action or
11 claim. The Plan may, at any time thereafter, join in the
12 action or claim upon its motion so that all orders of
13 court after hearing and judgment shall be made for its
14 protection. No release or settlement of a claim for
15 damages and no satisfaction of judgment in the action
16 shall be valid without the written consent of the Plan to
17 the extent of its interest in the settlement or judgment
18 and of the covered person or his personal representative.
19 (3) In the event that the covered person or his
20 personal representative fails to institute a proceeding
21 against any appropriate third party before the fifth
22 month before the action would be barred, the Plan may, in
23 its own name or in the name of the covered person or
24 personal representative, commence a proceeding against
25 any appropriate third party for the recovery of damages
26 on account of any sickness, injury, or death to the
27 covered person. The covered person shall cooperate in
28 doing what is reasonably necessary to assist the Plan in
29 any recovery and shall not take any action that would
30 prejudice the Plan's right to recovery. The Plan shall
31 pay to the covered person or his personal representative
32 all sums collected from any third party by judgment or
33 otherwise in excess of amounts paid in benefits under the
34 Plan and amounts paid or to be paid as costs, attorneys
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1 fees, and reasonable expenses incurred by the Plan in
2 making the collection or enforcing the judgment.
3 (4) In the event that a covered person or his
4 personal representative, including his guardian,
5 conservator, estate, dependents, or survivors, recovers
6 damages from a third party for sickness or injury caused
7 to the covered person, the covered person or the personal
8 representative shall pay to the Plan from the damages
9 recovered the amount of benefits paid or to be paid on
10 behalf of the covered person.
11 (5) When the action or claim is brought by the
12 covered person alone and the covered person incurs a
13 personal liability to pay attorney's fees and costs of
14 litigation, the Plan's claim for reimbursement of the
15 benefits provided to the covered person shall be the full
16 amount of benefits paid to or on behalf of the covered
17 person under this Act less a pro rata share that
18 represents the Plan's reasonable share of attorney's fees
19 paid by the covered person and that portion of the cost
20 of litigation expenses determined by multiplying by the
21 ratio of the full amount of the expenditures to the full
22 amount of the judgement, award, or settlement.
23 (6) In the event of judgment or award in a suit or
24 claim against a third party or insurer, the court shall
25 first order paid from any judgement or award the
26 reasonable litigation expenses incurred in preparation
27 and prosecution of the action or claim, together with
28 reasonable attorney's fees. After payment of those
29 expenses and attorney's fees, the court shall apply out
30 of the balance of the judgment or award an amount
31 sufficient to reimburse the Plan the full amount of
32 benefits paid on behalf of the covered person under this
33 Act, provided the court may reduce and apportion the
34 Plan's portion of the judgement proportionate to the
HB1268 Enrolled -682- LRB9000999EGfg
1 recovery of the covered person. The burden of producing
2 evidence sufficient to support the exercise by the court
3 of its discretion to reduce the amount of a proven charge
4 sought to be enforced against the recovery shall rest
5 with the party seeking the reduction. The court may
6 consider the nature and extent of the injury, economic
7 and non-economic loss, settlement offers, comparative
8 negligence as it applies to the case at hand, hospital
9 costs, physician costs, and all other appropriate costs.
10 The Plan shall pay its pro rata share of the attorney
11 fees based on the Plan's recovery as it compares to the
12 total judgment. Any reimbursement rights of the Plan
13 shall take priority over all other liens and charges
14 existing under the laws of this State with the exception
15 of any attorney liens filed under the Attorneys Lien Act.
16 (7) The Plan may compromise or settle and release
17 any claim for benefits provided under this Act or waive
18 any claims for benefits, in whole or in part, for the
19 convenience of the Plan or if the Plan determines that
20 collection would result in undue hardship upon the
21 covered person.
22 (Source: P.A. 89-486, eff. 6-21-96; 90-7, eff. 6-10-97;
23 90-30, eff, 7-1-97; revised 8-7-97.)
24 Section 102. The Health Care Purchasing Group Act is
25 amended by changing Section 15 as follows:
26 (215 ILCS 123/15)
27 Sec. 15. Health care purchasing groups; membership;
28 formation.
29 (a) An HPG may be an organization formed by 2 or more
30 employers with no more than 2,500 covered individuals, an HPG
31 sponsor or a risk-bearer for purposes of contracting for
32 health insurance under this Act to cover employees and
HB1268 Enrolled -683- LRB9000999EGfg
1 dependents of HPG members. An HPG shall not be prevented
2 from supplementing health insurance coverage purchased under
3 this Act by contracting for services from entities licensed
4 and authorized in Illinois to provide those services under
5 the Dental Service Plan Act, the Limited Health Service
6 Organization Act, Vision Service Plan Act, or Voluntary
7 Health Services Plans Act. An HPG may be a separate legal
8 entity or simply a group of 2 or more employers with no more
9 than 2,500 covered individuals aggregated under this Act by
10 an HPG sponsor or risk-bearer for insurance purposes. There
11 shall be no limit as to the number of HPGs that may operate
12 in any geographic area of the State. No insurance risk may
13 be borne or retained by the HPG. All health insurance
14 contracts issued to the HPG must be delivered or issued for
15 delivery in Illinois.
16 (b) Members of an HPG must be Illinois domiciled
17 employers, except that an employer domiciled elsewhere may
18 become a member of an Illinois HPG for the sole purpose of
19 insuring its employees whose place of employment is located
20 within this State. HPG membership may include employers
21 having no more than 2,500 covered individuals.
22 (c) If an HPG is formed by any 2 or more employers with
23 no more than 2,500 covered individuals, it is authorized to
24 negotiate, solicit, market, obtain proposals for, and enter
25 into group or master health insurance contracts on behalf of
26 its members and their employees and employee dependents so
27 long as it meets all of the following requirements:
28 (1) The HPG must be an organization having the
29 legal capacity to contract and having its legal situs in
30 Illinois.
31 (2) The principal persons responsible for the
32 conduct of the HPG must perform their HPG related
33 functions in Illinois.
34 (3) No HPG may collect premium in its name or hold
HB1268 Enrolled -684- LRB9000999EGfg
1 or manage premium or claim fund accounts unless duly
2 licensed and qualified as a managing general agent
3 pursuant to Section 141a of the Illinois Insurance Code
4 or a third party administrator pursuant to Section
5 511.105 of the Illinois Insurance Code.
6 (4) If the HPG gives an offer, application, notice,
7 or proposal of insurance to an employer, it must disclose
8 to that employer the total cost of the insurance. Dues,
9 fees, or charges to be paid to the HPG, HPG sponsor, or
10 any other entity as a condition to purchasing the
11 insurance must be itemized. The HPG shall also disclose
12 to its members the amount of any dividends, experience
13 refunds, or other such payments it receives from the
14 risk-bearer.
15 (5) An HPG must register with the Director before
16 entering into a group or master health insurance contract
17 on behalf of its members and must renew the registration
18 annually on forms and at times prescribed by the Director
19 in rules specifying, at minimum, (i) the identity of the
20 officers and directors, trustees, or attorney-in-fact of
21 the HPG; (ii) a certification that those persons have not
22 been convicted of any felony offense involving a breach
23 of fiduciary duty or improper manipulation of accounts;
24 and (iii) the number of employer members then enrolled in
25 the HPG, together with any other information that may be
26 needed to carry out the purposes of this Act.
27 (6) At the time of initial registration and each
28 renewal thereof an HPG shall pay a fee of $100 to the
29 Director.
30 (d) If an HPG is formed by an HPG sponsor or risk-bearer
31 and the HPG performs no marketing, negotiation, solicitation,
32 or proposing of insurance to HPG members, exclusive of
33 ministerial acts performed by individual employers to service
34 their own employees, then a group or master health insurance
HB1268 Enrolled -685- LRB9000999EGfg
1 contract may be issued in the name of the HPG and held by an
2 HPG sponsor, risk-bearer, or designated employer member
3 within the State. In these cases the HPG requirements
4 specified in subsection (c) shall not be applicable, however:
5 (1) the group or master health insurance contract
6 must contain a provision permitting the contract to be
7 enforced through legal action initiated by any employer
8 member or by an employee of an HPG member who has paid
9 premium for the coverage provided;
10 (2) the group or master health insurance contract
11 must be available for inspection and copying by any HPG
12 member, employee, or insured dependent at a designated
13 location within the State at all normal business hours;
14 and
15 (3) any information concerning HPG membership
16 required by rule under item (5) of subsection (c) must be
17 provided by the HPG sponsor in its registration and
18 renewal forms or by the risk-bearer in its annual
19 reports.
20 (Source: P.A. 90-337, eff. 1-1-98; revised 1-21-98.)
21 Section 103. The Health Maintenance Organization Act is
22 amended by changing Sections 1-2, 3-1, 4-6.1, 5-3, 5-6, and
23 6-8 and setting forth and renumbering multiple versions of
24 Section 4-17 as follows:
25 (215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
26 Sec. 1-2. Definitions. As used in this Act, unless the
27 context otherwise requires, the following terms shall have
28 the meanings ascribed to them:
29 (1) "Advertisement" means any printed or published
30 material, audiovisual material and descriptive literature of
31 the health care plan used in direct mail, newspapers,
32 magazines, radio scripts, television scripts, billboards and
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1 similar displays; and any descriptive literature or sales
2 aids of all kinds disseminated by a representative of the
3 health care plan for presentation to the public including,
4 but not limited to, circulars, leaflets, booklets,
5 depictions, illustrations, form letters and prepared sales
6 presentations.
7 (2) "Director" means the Director of Insurance.
8 (3) "Basic health care services" means emergency care,
9 and inpatient hospital and physician care, outpatient medical
10 services, mental health services and care for alcohol and
11 drug abuse, including any reasonable deductibles and
12 co-payments, all of which are subject to such limitations as
13 are determined by the Director pursuant to rule.
14 (4) "Enrollee" means an individual who has been enrolled
15 in a health care plan.
16 (5) "Evidence of coverage" means any certificate,
17 agreement, or contract issued to an enrollee setting out the
18 coverage to which he is entitled in exchange for a per capita
19 prepaid sum.
20 (6) "Group contract" means a contract for health care
21 services which by its terms limits eligibility to members of
22 a specified group.
23 (7) "Health care plan" means any arrangement whereby any
24 organization undertakes to provide or arrange for and pay for
25 or reimburse the cost of basic health care services from
26 providers selected by the Health Maintenance Organization and
27 such arrangement consists of arranging for or the provision
28 of such health care services, as distinguished from mere
29 indemnification against the cost of such services, except as
30 otherwise authorized by Section 2-3 of this Act, on a per
31 capita prepaid basis, through insurance or otherwise. A
32 "health care plan" also includes any arrangement whereby an
33 organization undertakes to provide or arrange for or pay for
34 or reimburse the cost of any health care service for persons
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1 who are enrolled in the integrated health care program
2 established under Section 5-16.3 of the Illinois Public Aid
3 Code through providers selected by the organization and the
4 arrangement consists of making provision for the delivery of
5 health care services, as distinguished from mere
6 indemnification. A "health care plan" also includes any
7 arrangement pursuant to Section 4-17. Nothing in this
8 definition, however, affects the total medical services
9 available to persons eligible for medical assistance under
10 the Illinois Public Aid Code.
11 (8) "Health care services" means any services included
12 in the furnishing to any individual of medical or dental
13 care, or the hospitalization or incident to the furnishing of
14 such care or hospitalization as well as the furnishing to any
15 person of any and all other services for the purpose of
16 preventing, alleviating, curing or healing human illness or
17 injury.
18 (9) "Health Maintenance Organization" means any
19 organization formed under the laws of this or another state
20 to provide or arrange for one or more health care plans under
21 a system which causes any part of the risk of health care
22 delivery to be borne by the organization or its providers.
23 (10) "Net worth" means admitted assets, as defined in
24 Section 1-3 of this Act, minus liabilities.
25 (11) "Organization" means any insurance company, or a
26 nonprofit corporation authorized under the Medical Service
27 Plan Act, the Dental Service Plan Act or, the Voluntary
28 Health Services Plans Act or the Non-profit Health Care
29 Service Plan Act, or a corporation organized under the laws
30 of this or another state for the purpose of operating one or
31 more health care plans and doing no business other than that
32 of a Health Maintenance Organization or an insurance company.
33 "Organization" shall also mean the University of Illinois
34 Hospital as defined in the University of Illinois Hospital
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1 Act.
2 (12) "Provider" means any physician, hospital facility,
3 or other person which is licensed or otherwise authorized to
4 furnish health care services and also includes any other
5 entity that arranges for the delivery or furnishing of health
6 care service.
7 (13) "Producer" means a person directly or indirectly
8 associated with a health care plan who engages in
9 solicitation or enrollment.
10 (14) "Per capita prepaid" means a basis of prepayment by
11 which a fixed amount of money is prepaid per individual or
12 any other enrollment unit to the Health Maintenance
13 Organization or for health care services which are provided
14 during a definite time period regardless of the frequency or
15 extent of the services rendered by the Health Maintenance
16 Organization, except for copayments and deductibles and
17 except as provided in subsection (f) of Section 5-3 of this
18 Act.
19 (15) "Subscriber" means a person who has entered into a
20 contractual relationship with the Health Maintenance
21 Organization for the provision of or arrangement of at least
22 basic health care services to the beneficiaries of such
23 contract.
24 (Source: P.A. 89-90, eff. 6-30-95; 90-177, eff. 7-23-97;
25 90-372, eff. 7-1-98; 90-376, eff. 8-14-97; revised 11-14-97.)
26 (215 ILCS 125/3-1) (from Ch. 111 1/2, par. 1407.3)
27 Sec. 3-1. Investment Regulations.
28 (a) Any Health Maintenance Organization may invest its
29 funds as provided in this Section and not otherwise. A
30 Health Maintenance Organization that is organized as an
31 insurance company may also acquire the investment assets
32 authorized for an insurance company pursuant to the laws
33 applicable to an insurance company in the organization's
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1 state of domicile. Notwithstanding the provisions of this
2 Section, the Director may, after notice and hearing, order an
3 organization to limit or withdraw from certain investments,
4 or discontinue certain investment practices, to the extent
5 the Director finds that such investments or investment
6 practices are hazardous to the financial condition of the
7 organization.
8 (b) No investment or loan shall be made or engaged in by
9 any Health Maintenance Organization unless the same have been
10 authorized or ratified by the board of directors or by a
11 committee thereof charged with the duty of supervising
12 investments and loans. Nothing contained in this subsection
13 shall prevent the board of directors of any such organization
14 from depositing any of its securities with a committee
15 appointed for the purpose of protecting the interest of
16 security holders or with the authorities of any state where
17 it is necessary to do so in order to secure permission to
18 transact its appropriate business therein, and nothing
19 contained in this subsection shall prevent the board of
20 directors of such organization from depositing any securities
21 as collateral for the securing of any bond required for the
22 business of the organization.
23 (c) No Health Maintenance Organization shall pay any
24 commission or brokerage for the purchase or sale of property
25 whether real or personal, in excess of that usual and
26 customary at the time and in the locality where such
27 purchases or sales are made, and information regarding
28 payments of commissions and brokerage shall be maintained.
29 (d) No such Health Maintenance Organization shall
30 knowingly invest in or loan upon any property, directly or
31 indirectly, whether real or personal, in which any officer or
32 director of such organization has a financial interest, nor
33 shall any such organization make a loan of any kind to any
34 officer or director of such organization, except that this
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1 subsection shall not apply in circumstances where the
2 financial interest of such officer or director is only
3 nominal, trifling or so remote as not to give rise to a
4 conflict of interest. In any case, the Director may approve
5 a transaction between such organization and its officers or
6 directors under this subsection if he is satisfied that (i)
7 the transaction is entered into in good faith for the
8 advantage and benefit of the organization, (ii) the amount of
9 the proposed investment or loan does not violate any other
10 provision of this Section nor exceed the reasonable, normal
11 value of the property or the interest which the organization
12 proposes to acquire, and that the transaction is otherwise
13 fair and reasonable, and (iii) the transaction will not
14 adversely affect, to any substantial degree, the liquidity of
15 the organization's investment or its ability thereafter to
16 comply with requirements of this Act or the payment of its
17 claims and obligations.
18 (e) In applying the percentage limitations imposed by
19 this Section there shall be used as a base the total of all
20 assets which would be admitted by this Section without regard
21 to percentage limitations. All legal measurements used as a
22 base in the determination of all investment qualifications
23 shall consist of the amounts determined at the most recent
24 year end adjusted for subsequent acquisition and disposition
25 of investments.
26 (f) Valuation of investments. Investments shall be
27 valued in accordance with the published valuation standards
28 of the National Association of Insurance Commissioners.
29 Securities investments as to which the National Association
30 of Insurance Commissioners has not published valuation
31 standards in its Valuations of Securities manual or its
32 successor publication shall be valued as follows:
33 (1) All obligations having a fixed term and rate shall,
34 if not in default as to principal or interest, be valued as
HB1268 Enrolled -691- LRB9000999EGfg
1 follows: if purchased at par, at the par value; if purchased
2 above or below par, on the basis of the purchase price
3 adjusted so as to bring the value to par at maturity and so
4 as to yield in the meantime the effective rate of interest at
5 which the purchase was made;
6 (2) Common, preferred or guaranteed stocks shall be
7 valued at market value.
8 (3) Other security investments shall be valued in
9 accordance with regulations promulgated by the Director
10 pursuant to paragraph (6) of this subsection.
11 (4) Other investments, including real property, shall be
12 valued in accordance with regulations promulgated by the
13 Director pursuant to paragraph (6) of this subsection, but in
14 no event shall such other investments be valued at more than
15 the purchase price. The purchase price for real property
16 includes capitalized permanent improvements, less
17 depreciation spread evenly over the life of the property or,
18 at the option of the company, less depreciation computed on
19 any basis permitted under the Internal Revenue Code and
20 regulations thereunder. Such investments that have been
21 affected by permanent declines in value shall be valued at
22 not more than market value.
23 (5) Any investment, including real property, not
24 purchased by the Health Maintenance Organization but acquired
25 in satisfaction of a debt or otherwise shall be valued in
26 accordance with the applicable procedures for that type of
27 investment contained in this subsection. For purposes of
28 applying the valuation procedures, the purchase price shall
29 be deemed to be the market value at the time the investment
30 is acquired or, in the case of any investment acquired in
31 satisfaction of debt, the amount of the debt, including
32 interest, taxes and expenses, whichever amount is less.
33 (6) The Director shall promulgate rules and regulations
34 for determining and calculating values to be used in
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1 financial statements submitted to the Department for
2 investments.
3 (g) Definitions. As used in this Section, unless the
4 context otherwise requires.
5 (1) "Business Corporation" means corporations organized
6 for other than not for profit purposes.
7 (2) "Business Entity" includes sole proprietorships,
8 corporations, associations, partnerships and business trusts.
9 (3) "Bank or Trust Company" means any bank or trust
10 company organized under the laws of the United States or any
11 State thereof if said bank or trust company is regularly
12 examined pursuant to such laws and said bank or trust company
13 has the insurance protection afforded by an agency of the
14 United States government.
15 (4) "Capital" means capital stock paid-up, if any, and
16 its use in a provision does not imply that a non-profit
17 Health Maintenance Organization without stated capital stock
18 is excluded from the provision. The capital of such an
19 organization will be zero.
20 (5) "Direct" when used in connection with "obligation"
21 means that the designated obligor shall be primarily liable
22 on the instrument representing the obligation.
23 (6) "Facility" means and includes real estate and any
24 and all forms of tangible personal property and services used
25 constituting an operating unit.
26 (7) "Guaranteed or insured" means that the guarantor or
27 insurer will perform or insure the obligation of the obligor
28 or will purchase the obligation to the extent of the guaranty
29 or insurance.
30 (8) "Mortgage" shall include a trust deed or other lien
31 on real property securing an obligation for the payment of
32 money.
33 (9) "Servicer" means a business entity that has a
34 contractual obligation to service a pool of mortgage loans.
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1 The service provided shall include, but is not limited to,
2 collection of principal and interest, keeping the accounts
3 current, maintaining or confirming in force hazard insurance
4 and tax status and providing supportive accounting services.
5 (10) "Single credit risk" means the direct, guaranteed
6 or insured obligations of any one business entity including
7 affiliates thereof.
8 (11) "Surplus" means the amount properly shown as total
9 net worth on a company's balance sheet, plus all voluntary
10 reserves, but not including capital paid-up.
11 (12) "Tangible net worth" means the par value of all
12 issued and outstanding capital stock of a corporation (or in
13 the case of shares having no par value, the stated value) and
14 the amounts of all surplus accounts less the sum of (a) such
15 intangible assets as deferred charges, organization and
16 development expense, discount and expense incurred in
17 securing capital, good will, trade-marks, trade-names and
18 patents, (b) leasehold improvements, and (c) any reserves
19 carried by the corporation and not otherwise deducted from
20 assets.
21 (13) "Unconditional" when used in connection with
22 "obligation" means that nothing remains to be done or to
23 occur to make the designated obligor liable on the
24 instrument, and that the legal holder shall have the status
25 at least equal to that of general creditor of the obligor.
26 (h) Authorized investments. Any Health Maintenance
27 Organization, except those organized as an insurance company,
28 may acquire the assets set forth in paragraphs 1 through 17,
29 inclusive. A Health Maintenance Organization that is
30 organized as an insurance company may acquire the investment
31 assets authorized for an insurance company pursuant to the
32 laws applicable to an insurance company in the organization's
33 state of domicile. Any restriction, exclusion or provision
34 appearing in any paragraph shall apply only with respect to
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1 the authorization of the particular paragraph in which it
2 appears and shall not constitute a general prohibition and
3 shall not be applicable to any other paragraph. The
4 qualifications or disqualifications of an investment under
5 one paragraph shall not prevent its qualification in whole or
6 in part under another paragraph, and an investment authorized
7 by more than one paragraph may be held under whichever
8 authorizing paragraph the organization elects. An investment
9 which qualified under any paragraph at the time it was
10 acquired or entered into by an organization shall continue to
11 be qualified under that paragraph. An investment in whole or
12 in part may be transferred from time to time, at the election
13 of the organization, to the authority of any paragraph under
14 which it qualifies, whether originally qualifying thereunder
15 or not.
16 (1) Direct obligations of the United States for the
17 payment of money, or obligations for the payment of money to
18 the extent guaranteed or insured as to the payment of
19 principal and interest by the United States.
20 (2) Direct obligations for the payment of money, issued
21 by an agency or instrumentality of the United States, or
22 obligations for the payment of money to the extent guaranteed
23 or insured as to the payment of principal and interest by an
24 agency or instrumentality of the United States.
25 (3) Direct, general obligations of any state of the
26 United States for the payment of money, or obligations for
27 the payment of money to the extent guaranteed or insured as
28 to the payment of principal and interest by any state of the
29 United States, on the following conditions:
30 (i) Such state has the power to levy taxes for the
31 prompt payment of the principal and interest of such
32 obligations; and
33 (ii) Such state shall not be in default in the payment
34 of principal or interest on any of its direct, guaranteed or
HB1268 Enrolled -695- LRB9000999EGfg
1 insured obligations at the date of such investment.
2 (4) Direct, general obligations of any political
3 subdivision of any state of the United States for the payment
4 of money, or obligations for the payment of money to the
5 extent guaranteed as to the payment of principal and interest
6 by any political subdivision of any state of the United
7 States, on the following conditions:
8 (i) The obligations are payable or guaranteed from ad
9 valorem taxes;
10 (ii) Such political subdivision is not in default in the
11 payment of principal or interest on any of its direct or
12 guaranteed obligations;
13 (iii) No investment shall be made under this paragraph
14 in obligations which are secured only by special assessments
15 for local improvements; and
16 (iv) An organization shall not invest under this
17 paragraph more than 2% of its admitted assets in obligations
18 issued or guaranteed by any one such political subdivision.
19 (5) Anticipation obligations of any political
20 subdivision of any state of the United States, including but
21 not limited to bond anticipation notes, tax anticipation
22 notes and construction anticipation notes, for the payment of
23 money within 12 months from the issuance of the obligation,
24 on the following conditions:
25 (i) Such anticipation notes must be a direct obligation
26 of the issuer under conditions set forth in paragraph 4;
27 (ii) Such political subdivision is not in default in the
28 payment of the principal or interest on any of its direct
29 general obligations or any obligation guaranteed by such
30 political subdivision;
31 (iii) The anticipated funds must be specifically pledged
32 to secure the obligation;
33 (iv) An organization shall not invest under this
34 paragraph more than 2% of its admitted assets in the
HB1268 Enrolled -696- LRB9000999EGfg
1 anticipation obligations issued by any one such political
2 subdivision.
3 (6) Obligations of any state of the United States, a
4 political subdivision thereof, or a public instrumentality of
5 any one or more of the foregoing, for the payment of money,
6 on the following conditions:
7 (i) The obligations are payable from revenues or
8 earnings of a public utility of such state, political
9 subdivision, or public instrumentality which are specifically
10 pledged therefor;
11 (ii) The law under which the obligations are issued
12 requires such rates for service shall be charged and
13 collected at all times that they will produce sufficient
14 revenue or earnings together with any other revenues or
15 moneys pledged to pay all operating and maintenance charges
16 of the public utility and all principal and interest on such
17 obligations;
18 (iii) No prior or parity obligations payable from the
19 revenues or earnings of that public utility are in default at
20 the date of such investment;
21 (iv) An organization shall not invest more than 20% of
22 its admitted assets under this paragraph; and
23 (v) An organization shall not invest under this Section
24 more than 2% of its admitted assets in the revenue
25 obligations issued in connection with any one facility.
26 (7) Obligations of any state of the United States, a
27 political subdivision thereof, or a public instrumentality of
28 any of the foregoing, for the payment of money, on the
29 following conditions:
30 (i) The obligations are payable from revenues or
31 earnings, excluding revenues or earnings from public
32 utilities, specifically pledged therefor by such state,
33 political subdivision or public instrumentality;
34 (ii) No prior or parity obligation of the same issuer
HB1268 Enrolled -697- LRB9000999EGfg
1 payable from revenues or earnings from the same source has
2 been in default as to principal or interest during the 5
3 years next preceding the date of such investment, but such
4 issuer need not have been in existence for that period, and
5 obligations acquired under this paragraph may be newly
6 issued;
7 (iii) An organization shall not invest in excess of 20%
8 of its admitted assets under this paragraph; and
9 (iv) An organization shall not invest under this
10 paragraph more than 2% of its admitted assets in the revenue
11 obligations issued in connection with any one facility;
12 (v) An organization shall not invest under this
13 paragraph more than 2% of its admitted assets in revenue
14 obligations payable from revenue or earning sources which are
15 the contractual responsibility of any one single credit risk.
16 (8) Direct, unconditional obligations of a solvent
17 business corporation for the payment of money, including
18 obligations to pay rent for equipment used in its business or
19 obligations for the payment of money to the extent guaranteed
20 or insured as to the payment of principal and interest by any
21 solvent business corporation, on the following conditions:
22 (i) The corporation shall be incorporated under the laws
23 of the United States or any state of the United States;
24 (ii) The corporation shall have tangible net worth of
25 not less than $1,000,000;
26 (iii) No such obligation, guarantee or insurance of the
27 corporation has been in default as to principal or interest
28 during the 5 years preceding the date of investment, but the
29 corporation need not have had obligations guarantees or
30 insurance outstanding during that period and need not have
31 been in existence for that period, and obligations acquired
32 under this paragraph may be newly issued;
33 (iv) An organization shall not invest more than 2% of
34 its admitted assets in obligations issued, guaranteed or
HB1268 Enrolled -698- LRB9000999EGfg
1 insured by any one such corporation;
2 (v) An organization may invest under this paragraph up
3 to an additional 2% of its admitted assets in obligations
4 which (i) are issued, guaranteed or insured by any one or
5 more such corporations, each having a tangible net worth of
6 not less than $25,000,000 and (ii) mature within 12 months
7 from the date of acquisition;
8 (vi) An organization may invest not more than 1/2 of 1%
9 of its admitted assets in such obligations of corporations
10 which do not meet the condition of subparagraph (ii) of this
11 paragraph; and
12 (vii) An organization shall not invest more than 75% of
13 its admitted assets under this paragraph.
14 (9) Direct, unconditional obligations for the payment of
15 money issued or obligations for the payment of money to the
16 extent guaranteed as to principal and interest by a solvent
17 not for profit corporation, on the following conditions:
18 (i) The corporation shall be incorporated under the laws
19 of the United States or of any state of the United States;
20 (ii) The corporation shall have been in existence for at
21 least 5 years and shall have assets of at least $2,000,000;
22 (iii) Revenues or other income from such assets and the
23 services or commodities dispensed by the corporation shall be
24 pledged for the payment of the obligations or guarantees;
25 (iv) No such obligation or guarantee of the corporation
26 has been in default as to principal or interest during the 5
27 years next preceding the date of such investment, but the
28 corporation need not have had obligations or guarantees
29 outstanding during that period and obligations which are
30 acquired under this paragraph on may be newly issued;
31 (v) An organization shall not invest more than 15% of
32 its admitted assets under this paragraph; and
33 (vi) An organization shall not invest under this
34 paragraph more than 2% of its admitted assets in the
HB1268 Enrolled -699- LRB9000999EGfg
1 obligations issued or guaranteed by any one such corporation.
2 (10) Direct, unconditional nondemand obligations for the
3 payment of money issued by a solvent bank, mutual savings
4 bank or trust company on the following conditions:
5 (i) The bank, mutual savings bank or trust company shall
6 be incorporated under the laws of the United States, or of
7 any state of the United States;
8 (ii) The bank, mutual savings bank or trust company
9 shall have tangible net worth of not less than $1,000,000;
10 (iii) Such obligations must be of the type which are
11 insured by an agency of the United States or have a maturity
12 of no more than 1 day;
13 (iv) An organization shall not invest under this
14 paragraph more than the amount which is fully insured by an
15 agency of the United States plus 2% of its admitted assets in
16 nondemand obligations issued by any one such financial
17 institution; and
18 (v) An organization may invest under this paragraph up
19 to an additional 8% of its admitted assets in nondemand
20 obligations which (1) are issued by any such banks, mutual
21 savings banks or trust companies, each having a tangible net
22 worth of not less than $25,000,000 and (2) mature within 12
23 months from the date of acquisition.
24 (11) Preferred or guaranteed stocks issued or guaranteed
25 by a solvent business corporation incorporated under the laws
26 of the United States or any state of the United States, on
27 the following conditions:
28 (i) The corporation shall have tangible net worth of not
29 less than $1,000,000;
30 (ii) If such stocks have been outstanding prior to
31 purchase, an organization shall not invest under this
32 paragraph in such stock if prescribed current or cumulative
33 dividends are in arrears;
34 (iii) An organization shall not invest more than 33 1/3%
HB1268 Enrolled -700- LRB9000999EGfg
1 of its admitted assets under this paragraph and an
2 organization shall not invest more than 15% of its admitted
3 assets under this paragraph in stocks which, at the time of
4 purchase, are not Sinking Fund Stocks. An issue of preferred
5 or guaranteed stock shall be a Sinking Fund Stock when (1)
6 such issue is subject to a 100% mandatory sinking fund or
7 similar arrangement which will provide for the redemption of
8 the entire issue over a period not longer than 40 years from
9 the date of purchase; (2) annual mandatory sinking fund
10 installments on each issue commence not more than 10 years
11 from the date of issue; and (3) each annual sinking fund
12 installment provides for the purchase or redemption of at
13 least 2 1/2% of the original number of shares of such issue;
14 and
15 (iv) An organization shall not invest under this
16 paragraph more than 2% of its admitted assets in the
17 preferred or guaranteed stocks of any one such corporation.
18 (12) Common stock issued by any solvent business
19 corporation incorporated under the laws of the United States,
20 or of any state of the United States, on the following
21 conditions:
22 (i) The issuing corporation must have tangible net worth
23 of $1,000,000 or more;
24 (ii) An organization may not invest more than an amount
25 equal to its net worth under this paragraph; and
26 (iii) An organization may not invest under this
27 paragraph an amount equal to more than 10% of its net worth
28 in the common stock of any one corporation.
29 (13) Shares of common stock or units of beneficial
30 interest issued by any solvent business corporation or trust
31 incorporated or organized under the laws of the United
32 States, or of any state of the United States, on the
33 following conditions:
34 (i) If the issuing corporation or trust is advised by an
HB1268 Enrolled -701- LRB9000999EGfg
1 investment advisor which is the organization or an affiliate
2 of the organization, the issuing corporation or trust shall
3 have net assets of $100,000 or more, or if the issuing
4 corporation or trust has an unaffiliated investment advisor,
5 the issuing corporation or trust shall have net assets of
6 $10,000,000 or more;
7 (ii) The issuing corporation or trust is registered as
8 an investment company with the Securities and Exchange
9 Commission under the Investment Company Act of 1940, as
10 amended;
11 (iii) An organization shall not invest under this
12 paragraph more than the greater of $100,000 or 10% of its
13 admitted assets in any one bond fund, municipal bond fund or
14 money market fund;
15 (iv) An organization shall not invest under this
16 paragraph more than 10% of its net worth in any one common
17 stock fund, balanced fund or income fund;
18 (v) An organization shall not invest more than 50% of
19 its admitted assets in bond funds, municipal bond funds and
20 money market funds under this paragraph; and
21 (vi) An organization's investments in common stock
22 funds, balanced funds or income funds when combined with its
23 investments in common stocks made under paragraph (12) shall
24 not exceed the aggregate limitation provided by subparagraph
25 (ii) of paragraph (12).
26 (14) Shares of, or accounts or deposits with savings and
27 loan associations or building and loan associations, on the
28 following conditions:
29 (i) The shares, accounts, or deposits, or investments in
30 any form legally issuable shall be of a withdrawable type and
31 issued by an association which has the insurance protection
32 afforded by the Federal Savings and Loan Insurance
33 Corporation; but nonwithdrawable accounts which are not
34 eligible for insurance by the Federal Savings and Loan
HB1268 Enrolled -702- LRB9000999EGfg
1 Insurance Corporation shall not be eligible for investment
2 under this paragraph;
3 (ii) The association shall have tangible net worth of
4 not less than $1,000,000;
5 (iii) The investment shall be in the name of and owned
6 by the organization, unless the account is under a
7 trusteeship with the organization named as the beneficiary;
8 (iv) An organization shall not invest more than 50% of
9 its admitted assets under this paragraph; and
10 (v) Under this paragraph, an organization shall not
11 invest in any one such association an amount in excess of 2%
12 of its admitted assets or an amount which is fully insured by
13 the Federal Savings and Loan Insurance Corporation, whichever
14 is greater.
15 (15) Direct, unconditional obligations for the payment
16 of money secured by the pledge of any investment which is
17 authorized by any of the preceding paragraphs, on the
18 following conditions:
19 (i) The investment pledged shall by its terms be legally
20 assignable and shall be validly assigned to the organization;
21 (ii) The investment pledged shall have a fair market
22 value which is at least 25% greater than the amount invested
23 under this paragraph, except that a loan may be made up to
24 100% of the full fair market value of collateral that would
25 qualify as an investment under paragraph (1) provided it
26 qualifies under condition (i) of this paragraph; and
27 (iii) An organization's investment under this paragraph
28 when added to its investment of the category of the
29 collateral pledged shall not cause the sum to exceed the
30 limits provided by the paragraph authorizing that category of
31 investments.
32 (16) Real estate (including leasehold estates and
33 leasehold improvements) for the convenient accommodation of
34 the organization's business operations, including home
HB1268 Enrolled -703- LRB9000999EGfg
1 office, branch office, medical facilities and field office
2 operations, on the following conditions:
3 (i) Any parcel of real estate acquired under this
4 paragraph may include excess space for rent to others, if it
5 is reasonably anticipated that such excess will be required
6 by the organization for expansion or if the excess is
7 reasonably required in order to have one or more buildings
8 that will function as an economic unit;
9 (ii) Such real estate may be subject to a mortgage; and
10 (iii) The greater of the admitted value of the asset as
11 determined by subsection (f) or the organization's equity
12 plus all encumbrances on such real estate owned by a company
13 under this paragraph shall not exceed 20% of its admitted
14 assets, except with the permission of the Director if he
15 finds that such percentage of its admitted assets is
16 insufficient to provide convenient accommodation for the
17 company's business; provided, however, an organization that
18 directly provides medical services may invest an additional
19 20% of its admitted assets in such real estate, not requiring
20 the permission of the Director.
21 (17) Any investments of any kind, in the complete
22 discretion of the organization, without regard to any
23 condition of, restriction in, or exclusion from paragraphs
24 (1) to (16), inclusive, and regardless of whether the same or
25 a similar type of investment has been included in or omitted
26 from any such paragraph, on the following condition:
27 (a) An organization shall not invest under this
28 paragraph more than the lesser of (i) 10% of its admitted
29 assets, or (ii) 50% of the amount by which its net worth
30 exceeds the minimum requirements of a new health maintenance
31 organization to qualify for a certificate of authority.
32 (Source: P.A. 86-620; revised 12-18-97.)
33 (215 ILCS 125/4-6.1) (from Ch. 111 1/2, par. 1408.7)
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1 Sec. 4-6.1. Mammograms. (a) Every contract or evidence of
2 coverage issued by a Health Maintenance Organization for
3 persons who are residents of this State shall contain
4 coverage for screening by low-dose mammography for all women
5 35 years of age or older for the presence of occult breast
6 cancer. The coverage shall be as follows:
7 (1) A baseline mammogram for women 35 to 39 years
8 of age.
9 (2) An annual mammogram for women 40 years of age
10 or older.
11 These benefits shall be at least as favorable as for
12 other radiological examinations and subject to the same
13 dollar limits, deductibles, and co-insurance factors. For
14 purposes of this Section, "low-dose mammography" means the
15 x-ray examination of the breast using equipment dedicated
16 specifically for mammography, including the x-ray tube,
17 filter, compression device, and image receptor, with
18 radiation exposure delivery of less than 1 rad per breast for
19 2 views of an average size breast.
20 (Source: P.A. 90-7, eff. 6-10-97; revised 7-29-97.)
21 (215 ILCS 125/4-17)
22 Sec. 4-17. Basic outpatient preventive and primary health
23 care services for children. In order to attempt to address
24 the needs of children in Illinois (i) without health care
25 coverage, either through a parent's employment, through
26 medical assistance under the Illinois Public Aid Code, or any
27 other health plan or (ii) who lose medical assistance if and
28 when their parents move from welfare to work and do not find
29 employment that offers health care coverage, a health
30 maintenance organization may undertake to provide or arrange
31 for and to pay for or reimburse the cost of basic outpatient
32 preventive and primary health care services. The Department
33 shall promulgate rules to establish minimum coverage and
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1 disclosure requirements. These requirements at a minimum
2 shall include routine physical examinations and
3 immunizations, sick visits, diagnostic x-rays and laboratory
4 services, and emergency outpatient services. Coverage may
5 also include preventive dental services, vision screening and
6 one pair of eyeglasses, prescription drugs, and mental health
7 services. The coverage may include any reasonable
8 co-payments, deductibles, and benefit maximums subject to
9 limitations established by the Director by rule. Coverage
10 shall be limited to children who are 18 years of age or
11 under, who have resided in the State of Illinois for at least
12 30 days, and who do not qualify for medical assistance under
13 the Illinois Public Aid Code. Any such coverage shall be
14 made available to an adult on behalf of such children and
15 shall not be funded through State appropriations. In
16 counties with populations in excess of 3,000,000, the
17 Director shall not approve any arrangement under this Section
18 unless and until an arrangement for at least one health
19 maintenance organization under contract with the Illinois
20 Department of Public Aid for furnishing health services
21 pursuant to Section 5-11 of the Illinois Public Aid Code and
22 for which the requirements of 42 CFR 434.26(a) have been
23 waived is approved.
24 (Source: P.A. 90-376, eff. 8-14-97.)
25 (215 ILCS 125/4-18)
26 Sec. 4-18. 4-17. Retirement facility residents. With
27 respect to an enrollee who is a resident of a retirement
28 facility consisting of a long-term care facility, as defined
29 in the Nursing Home Care Act, and residential apartments, a
30 contract or evidence of coverage issued, amended, delivered,
31 or renewed after the effective date of this amendatory Act of
32 1997 shall provide that the enrollee's primary care physician
33 must refer the enrollee to the retirement facility's
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1 long-term care facility for Medicare covered skilled nursing
2 services if the primary care physician finds that:
3 (1) it is in the best interests of the patient;
4 (2) the facility, if not a participating provider
5 in the specific health maintenance organization, agrees
6 during the preauthorization period to a negotiated rate
7 for skilled nursing services covered in that
8 organization's health care plan; and
9 (3) the facility meets all the requirements of a
10 participating provider for skilled nursing services as
11 defined and covered under the health maintenance
12 organization's health care plan.
13 Both the facility and the health maintenance organization
14 must fully disclose all pertinent information to consumers to
15 assure that their decisions are based upon full knowledge of
16 the implications of their decision making.
17 (Source: P.A. 90-408, eff. 1-1-98; revised 11-19-97.)
18 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
19 Sec. 5-3. Insurance Code provisions.
20 (a) Health Maintenance Organizations shall be subject to
21 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
22 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
23 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356t, 367i,
24 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, paragraph
25 (c) of subsection (2) of Section 367, and Articles VIII 1/2,
26 XII, XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois
27 Insurance Code.
28 (b) For purposes of the Illinois Insurance Code, except
29 for Articles XIII and XIII 1/2, Health Maintenance
30 Organizations in the following categories are deemed to be
31 "domestic companies":
32 (1) a corporation authorized under the Medical
33 Service Plan Act, the Dental Service Plan Act or, the
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1 Voluntary Health Services Plans Plan Act, or the
2 Nonprofit Health Care Service Plan Act;
3 (2) a corporation organized under the laws of this
4 State; or
5 (3) a corporation organized under the laws of
6 another state, 30% or more of the enrollees of which are
7 residents of this State, except a corporation subject to
8 substantially the same requirements in its state of
9 organization as is a "domestic company" under Article
10 VIII 1/2 of the Illinois Insurance Code.
11 (c) In considering the merger, consolidation, or other
12 acquisition of control of a Health Maintenance Organization
13 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
14 (1) the Director shall give primary consideration
15 to the continuation of benefits to enrollees and the
16 financial conditions of the acquired Health Maintenance
17 Organization after the merger, consolidation, or other
18 acquisition of control takes effect;
19 (2)(i) the criteria specified in subsection (1)(b)
20 of Section 131.8 of the Illinois Insurance Code shall not
21 apply and (ii) the Director, in making his determination
22 with respect to the merger, consolidation, or other
23 acquisition of control, need not take into account the
24 effect on competition of the merger, consolidation, or
25 other acquisition of control;
26 (3) the Director shall have the power to require
27 the following information:
28 (A) certification by an independent actuary of
29 the adequacy of the reserves of the Health
30 Maintenance Organization sought to be acquired;
31 (B) pro forma financial statements reflecting
32 the combined balance sheets of the acquiring company
33 and the Health Maintenance Organization sought to be
34 acquired as of the end of the preceding year and as
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1 of a date 90 days prior to the acquisition, as well
2 as pro forma financial statements reflecting
3 projected combined operation for a period of 2
4 years;
5 (C) a pro forma business plan detailing an
6 acquiring party's plans with respect to the
7 operation of the Health Maintenance Organization
8 sought to be acquired for a period of not less than
9 3 years; and
10 (D) such other information as the Director
11 shall require.
12 (d) The provisions of Article VIII 1/2 of the Illinois
13 Insurance Code and this Section 5-3 shall apply to the sale
14 by any health maintenance organization of greater than 10% of
15 its enrollee population (including without limitation the
16 health maintenance organization's right, title, and interest
17 in and to its health care certificates).
18 (e) In considering any management contract or service
19 agreement subject to Section 141.1 of the Illinois Insurance
20 Code, the Director (i) shall, in addition to the criteria
21 specified in Section 141.2 of the Illinois Insurance Code,
22 take into account the effect of the management contract or
23 service agreement on the continuation of benefits to
24 enrollees and the financial condition of the health
25 maintenance organization to be managed or serviced, and (ii)
26 need not take into account the effect of the management
27 contract or service agreement on competition.
28 (f) Except for small employer groups as defined in the
29 Small Employer Rating, Renewability and Portability Health
30 Insurance Act and except for medicare supplement policies as
31 defined in Section 363 of the Illinois Insurance Code, a
32 Health Maintenance Organization may by contract agree with a
33 group or other enrollment unit to effect refunds or charge
34 additional premiums under the following terms and conditions:
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1 (i) the amount of, and other terms and conditions
2 with respect to, the refund or additional premium are set
3 forth in the group or enrollment unit contract agreed in
4 advance of the period for which a refund is to be paid or
5 additional premium is to be charged (which period shall
6 not be less than one year); and
7 (ii) the amount of the refund or additional premium
8 shall not exceed 20% of the Health Maintenance
9 Organization's profitable or unprofitable experience with
10 respect to the group or other enrollment unit for the
11 period (and, for purposes of a refund or additional
12 premium, the profitable or unprofitable experience shall
13 be calculated taking into account a pro rata share of the
14 Health Maintenance Organization's administrative and
15 marketing expenses, but shall not include any refund to
16 be made or additional premium to be paid pursuant to this
17 subsection (f)). The Health Maintenance Organization and
18 the group or enrollment unit may agree that the
19 profitable or unprofitable experience may be calculated
20 taking into account the refund period and the immediately
21 preceding 2 plan years.
22 The Health Maintenance Organization shall include a
23 statement in the evidence of coverage issued to each enrollee
24 describing the possibility of a refund or additional premium,
25 and upon request of any group or enrollment unit, provide to
26 the group or enrollment unit a description of the method used
27 to calculate (1) the Health Maintenance Organization's
28 profitable experience with respect to the group or enrollment
29 unit and the resulting refund to the group or enrollment unit
30 or (2) the Health Maintenance Organization's unprofitable
31 experience with respect to the group or enrollment unit and
32 the resulting additional premium to be paid by the group or
33 enrollment unit.
34 In no event shall the Illinois Health Maintenance
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1 Organization Guaranty Association be liable to pay any
2 contractual obligation of an insolvent organization to pay
3 any refund authorized under this Section.
4 (Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98;
5 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; revised 11-21-97.)
6 (215 ILCS 125/5-6) (from Ch. 111 1/2, par. 1414)
7 Sec. 5-6. Supervision of rehabilitation, liquidation or
8 conservation by the Director.
9 (a) For purposes of the rehabilitation, liquidation or
10 conservation of a health maintenance organization, the
11 operation of a health maintenance organization in this State
12 constitutes a form of insurance protection which should be
13 governed by the same provisions governing the rehabilitation,
14 liquidation or conservation of insurance companies. Any
15 rehabilitation, liquidation or conservation of a Health
16 Maintenance Organization shall be based upon the grounds set
17 forth in and subject to the provisions of the laws of this
18 State regarding the rehabilitation, liquidation, or
19 conservation of an insurance company and shall be conducted
20 under the supervision of the Director. Insolvency, as a
21 ground for rehabilitation, liquidation, or conservation of a
22 Health Maintenance Organization, shall be recognized when a
23 Health Maintenance Organization cannot be expected to satisfy
24 its financial obligations when such obligations are to become
25 due or when the Health Maintenance Organization has neglected
26 to correct within the time prescribed by subsection (c) of
27 Section 2-4, a deficiency occurring due to such
28 organization's prescribed minimum net worth or special
29 contingent reserve being impaired. For purpose of
30 determining the priority of distribution of general assets,
31 claims of enrollees and enrollees' beneficiaries shall have
32 the same priority as established by Section 205 of the
33 Illinois Insurance Code for policyholders and beneficiaries
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1 of insureds of insurance companies. If an enrollee is liable
2 to any provider for services provided pursuant to and covered
3 by the health care plan, that liability shall have the status
4 of an enrollee claim for distribution of general assets.
5 Any provider who is obligated by statute or agreement to
6 hold enrollees harmless from liability for services provided
7 pursuant to and covered by a health care plan shall have a
8 priority of distribution of the general assets immediately
9 following that of enrollees and enrollees' beneficiaries as
10 described herein, and immediately preceding the priority of
11 distribution described in paragraph (e) of subsection (1) of
12 Section 205 of the Illinois Insurance Code.
13 (b) For purposes of Articles XIII and XIII-1/2 of the
14 Illinois Insurance Code, organizations in the following
15 categories shall be deemed to be a "domestic company" and a
16 "domiciliary company":
17 (i) a corporation authorized under the Medical
18 Service Plan Act, the Dental Service Plan Act or, the
19 Voluntary Health Services Plans Act or the Non-Profit
20 Health Care Service Plan Act;
21 (ii) a corporation organized under the laws of this
22 State; or
23 (iii) a corporation organized under the laws of
24 another state, 20% or more of the enrollees of which are
25 residents of this State, except where such a corporation
26 is, in its state of incorporation, subject to
27 rehabilitation, liquidation and conservation under the
28 laws relating to insurance companies.
29 (c) In the event of the insolvency of a health
30 maintenance organization, no enrollee of such organization
31 shall be liable to any provider for medical services rendered
32 by such provider, except for applicable co-payments or
33 deductibles for covered services or fees for services not
34 covered by the health maintenance organization, with respect
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1 to the amounts such provider is not paid by the Association
2 pursuant to the provisions of Section 6-8 (8)(b) and (c). No
3 provider, whether or not the provider is obligated by statute
4 or agreement to hold enrollees harmless from liability, shall
5 seek to recover any such amount from any enrollee until the
6 Association has made a final determination of its liability
7 (or the resolution of any dispute or litigation resulting
8 therefrom) with respect to the matters specified in such
9 provisions. In the event that the provider seeks to recover
10 such amounts before the Association's final determination of
11 its liability (or the resolution of any dispute or litigation
12 resulting therefrom), the provider shall be liable for all
13 reasonable costs and attorney fees incurred by the Director
14 or the Association in enforcing this provision or any court
15 orders related hereto.
16 (Source: P.A. 89-206, eff. 7-21-95; 90-177, eff. 7-23-97;
17 90-372, eff. 7-1-98; revised 11-14-97.)
18 (215 ILCS 125/6-8) (from Ch. 111 1/2, par. 1418.8)
19 Sec. 6-8. Powers and duties of the Association. In
20 addition to the powers and duties enumerated in other
21 Sections of this Article, the Association shall have the
22 powers set forth in this Section.
23 (1) If a domestic organization is an impaired
24 organization, the Association may, subject to any conditions
25 imposed by the Association other than those which impair the
26 contractual obligations of the impaired organization, and
27 approved by the impaired organization and the Director:
28 (a) guarantee or reinsure, or cause to be
29 guaranteed, assumed or reinsured, any or all of the
30 covered health care plan certificates of covered persons
31 of the impaired organization;
32 (b) provide such monies, pledges, notes,
33 guarantees, or other means as are proper to effectuate
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1 paragraph (a), and assure payment of the contractual
2 obligations of the impaired organization pending action
3 under paragraph (a); and
4 (c) loan money to the impaired organization.;
5 (2) If a domestic, foreign, or alien organization is an
6 insolvent organization, the Association shall, subject to the
7 approval of the Director:
8 (a) guarantee, assume, indemnify or reinsure or
9 cause to be guaranteed, assumed, indemnified or reinsured
10 the covered health care plan benefits of covered persons
11 of the insolvent organization; however, in the event that
12 the Director of the Department of Public Aid assigns
13 individuals that are recipients of public aid from an
14 insolvent organization to another organization, the
15 Director of the Department of Public Aid shall, before
16 fixing the rates to be paid by the Department of Public
17 Aid to the transferee organization on account of such
18 individuals, consult with the Director of the Department
19 of Insurance as to the reasonableness of such rates in
20 light of the health care needs of such individuals and
21 the costs of providing health care services to such
22 individuals;.
23 (b) assure payment of the contractual obligations
24 of the insolvent organization to covered persons;
25 (c) make payments to providers of health care, or
26 indemnity payments to covered persons, so as to assure
27 the continued payment of benefits substantially similar
28 to those provided for under covered health care plan
29 certificate issued by the insolvent organization to
30 covered persons; and
31 (d) provide such monies, pledges, notes,
32 guaranties, or other means as are reasonably necessary to
33 discharge such duties.
34 (e) Provided, however, that This subsection (2) shall
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1 not apply when the Director has determined that the foreign
2 or alien organization's domiciliary jurisdiction or state of
3 entry provides, by statute, protection substantially similar
4 to that provided by this Article for residents of this State
5 and such protection will be provided in a timely manner.
6 (3) There shall be no liability on the part of and no
7 cause of action shall arise against the Association or
8 against any transferee from the Association in connection
9 with the transfer by reinsurance or otherwise of all or any
10 part of an impaired or insolvent organization's business by
11 reason of any action taken or any failure to take any action
12 by the impaired or insolvent organization at any time.
13 (4) If the Association fails to act within a reasonable
14 period of time as provided in subsection (2) of this Section
15 with respect to an insolvent organization, the Director shall
16 have the powers and duties of the Association under this
17 Article with regard to such insolvent organization.
18 (5) The Association or its designated representatives
19 may render assistance and advice to the Director, upon his
20 request, concerning rehabilitation, payment of claims,
21 continuations of coverage, or the performance of other
22 contractual obligations of any impaired or insolvent
23 organization.
24 (6) The Association has standing to appear before any
25 court concerning all matters germane to the powers and duties
26 of the Association, including, but not limited to, proposals
27 for reinsuring or guaranteeing the covered health care plan
28 certificates of the impaired or insolvent organization and
29 the determination of the covered health care plan
30 certificates and contractual obligations.
31 (7) (a) Any person receiving benefits under this Article
32 is deemed to have assigned the rights under the covered
33 health care plan certificates to the Association to the
34 extent of the benefits received because of this Article
HB1268 Enrolled -715- LRB9000999EGfg
1 whether the benefits are payments of contractual obligations
2 or continuation of coverage. The Association may require an
3 assignment to it of such rights by any payee, enrollee or
4 beneficiary as a condition precedent to the receipt of any
5 rights or benefits conferred by this Article upon such
6 person. The Association is subrogated to these rights
7 against the assets of any insolvent organization and against
8 any other party who may be liable to such payee, enrollee or
9 beneficiary.
10 (b) The subrogation rights of the Association under this
11 subsection have the same priority against the assets of the
12 insolvent organization as that possessed by the person
13 entitled to receive benefits under this Article.
14 (8) (a) The contractual obligations of the insolvent
15 organization for which the Association becomes or may become
16 liable are as great as but no greater than the contractual
17 obligations of the insolvent organization would have been in
18 the absence of an insolvency unless such obligations are
19 reduced as permitted by subsection (3), but the aggregate
20 liability of the Association shall not exceed $300,000 with
21 respect to any one natural person.
22 (b) Furthermore, the Association shall not be required
23 to pay, and shall have no liability to, any provider of
24 health care services to an enrollee:
25 (i) if such provider, or his or its affiliates or
26 members of his immediate family, at any time within the
27 one year prior to the date of the issuance of the first
28 order, by a court of competent jurisdiction, of
29 conservation, rehabilitation or liquidation pertaining to
30 the health maintenance organization:
31 (A) was a securityholder of such organization
32 (but excluding any securityholder holding an equity
33 interest of 5% or less);
34 (B) exercised control over the organization by
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1 means such as serving as an officer or director,
2 through a management agreement or as a principal
3 member of a not-for-profit organization;
4 (C) had a representative serving by virtue or
5 his or her official position as a representative of
6 such provider on the board of any entity which
7 exercised control over the organization;
8 (D) received provider payments made by such
9 organization pursuant to a contract which was not a
10 product of arms-length bargaining; or
11 (E) received distributions other than for
12 physician services from a not-for-profit
13 organization on account of such provider's status as
14 a a member of such organization.
15 For purposes of this subparagraph (i), the terms
16 "affiliate," "person," "control" and "securityholder"
17 shall have the meanings ascribed to such terms in Section
18 131.1 of the Illinois Insurance Code; or
19 (ii) if and to the extent such a provider has
20 agreed by contract not to seek payment from the enrollee
21 for services provided to such enrollee or if, and to the
22 extent, as a matter of law such provider may not seek
23 payment from the enrollee for services provided to such
24 enrollee.
25 (c) In no event shall the Association be required to pay
26 any provider participating in the insolvent organization any
27 amount for in-plan services rendered by such provider prior
28 to the insolvency of the organization in excess of (1) the
29 amount provided by a capitation contract between a physician
30 provider and the insolvent organization for such services; or
31 (2) the amounts provided by contract between a hospital
32 provider and the Department of Public Aid for similar
33 services to recipients of public aid; or (3) in the event
34 neither (1) nor (2) above is applicable, then the amounts
HB1268 Enrolled -717- LRB9000999EGfg
1 paid under the Medicare area prevailing rate for the area
2 where the services were provided, or if no such rate exists
3 with respect to such services, then 80% of the usual and
4 customary rates established by the Health Insurance
5 Association of America. The payments required to be made by
6 the Association under this Section shall constitute full and
7 complete payment for such provider services to the enrollee.
8 (d) The Association shall not be required to pay more
9 than an aggregate of $300,000 for any organization which is
10 declared to be insolvent prior to July 1, 1987, and such
11 funds shall be distributed first to enrollees who are not
12 public aid recipients pursuant to a plan recommended by the
13 Association and approved by the Director and the court having
14 jurisdiction over the liquidation.
15 (9) The Association may:
16 (a) Enter into such contracts as are necessary or
17 proper to carry out the provisions and purposes of this
18 Article.;
19 (b) Sue or be sued, including taking any legal
20 actions necessary or proper for recovery of any unpaid
21 assessments under Section 6-9. The Association shall not
22 be liable for punitive or exemplary damages.;
23 (c) Borrow money to effect the purposes of this
24 Article. Any notes or other evidence of indebtedness of
25 the Association not in default are legal investments for
26 domestic organizations and may be carried as admitted
27 assets.
28 (d) Employ or retain such persons as are necessary
29 to handle the financial transactions of the Association,
30 and to perform such other functions as become necessary
31 or proper under this Article.
32 (e) Negotiate and contract with any liquidator,
33 rehabilitator, conservator, or ancillary receiver to
34 carry out the powers and duties of the Association.
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1 (f) Take such legal action as may be necessary to
2 avoid payment of improper claims.
3 (g) Exercise, for the purposes of this Article and
4 to the extent approved by the Director, the powers of a
5 domestic organization, but in no case may the Association
6 issue evidence of coverage other than that issued to
7 perform the contractual obligations of the impaired or
8 insolvent organization.
9 (h) Exercise all the rights of the Director under
10 Section 193(4) of the Illinois Insurance Code with
11 respect to covered health care plan certificates after
12 the association becomes obligated by statute.
13 (10) The obligations of the Association under this
14 Article shall not relieve any reinsurer, insurer or other
15 person of its obligations to the insolvent organization (or
16 its conservator, rehabilitator, liquidator or similar
17 official) or its enrollees, including without limitation any
18 reinsurer, insurer or other person liable to the insolvent
19 insurer (or its conservator, rehabilitator, liquidator or
20 similar official) or its enrollees under any contract of
21 reinsurance, any contract providing stop loss coverage or
22 similar coverage or any health care contract. With respect to
23 covered health care plan certificates for which the
24 Association becomes obligated after an entry of an order of
25 liquidation or rehabilitation, the Association may elect to
26 succeed to the rights of the insolvent organization arising
27 after the date of the order of liquidation or rehabilitation
28 under any contract of reinsurance, any contract providing
29 stop loss coverage or similar coverages or any health care
30 service contract to which the insolvent organization was a
31 party, on the terms set forth under such contract, to the
32 extent that such contract provides coverage for health care
33 services provided after the date of the order of liquidation
34 or rehabilitation. As a condition to making this election,
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1 the Association must pay premiums for coverage relating to
2 periods after the date of the order of liquidation or
3 rehabilitation.
4 (11) The Association shall be entitled to collect
5 premiums due under or with respect to covered health care
6 certificates for a period from the date on which the
7 domestic, foreign, or alien organization became an insolvent
8 organization until the Association no longer has obligations
9 under subsection (2) of this Section 6-8 with respect to such
10 certificates. The Association's obligations under subsection
11 (2) of this Section 6-8 with respect to any covered health
12 care plan certificates shall terminate in the event that all
13 such premiums due under or with respect to such covered
14 health care plan certificates are not paid to the Association
15 (i) within 30 days of the Association's demand therefor, or
16 (ii) in the event that such certificates provide for a longer
17 grace period for payment of premiums after notice of
18 non-payment or demand therefor, within the lesser of (A) the
19 period provided for in such certificates or (B) 60 days.
20 (Source: P.A. 86-620; revised 7-14-97.)
21 Section 104. The Limited Health Service Organization Act
22 is amended by changing Section 4003 as follows:
23 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
24 Sec. 4003. Illinois Insurance Code provisions. Limited
25 health service organizations shall be subject to the
26 provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
27 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
28 154.6, 154.7, 154.8, 155.04, 355.2, 356v, 356t, 401, 401.1,
29 402, 403, 403A, 408, 408.2, and 412, and Articles VIII 1/2,
30 XII, XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois
31 Insurance Code. For purposes of the Illinois Insurance Code,
32 except for Articles XIII and XIII 1/2, limited health service
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1 organizations in the following categories are deemed to be
2 domestic companies:
3 (1) a corporation under the laws of this State; or
4 (2) a corporation organized under the laws of
5 another state, 30% of more of the enrollees of which are
6 residents of this State, except a corporation subject to
7 substantially the same requirements in its state of
8 organization as is a domestic company under Article VIII
9 1/2 of the Illinois Insurance Code.
10 (Source: P.A. 90-25, eff. 1-1-98; revised 10-14-97.)
11 Section 105. The Voluntary Health Services Plans Act is
12 amended by changing Section 10 as follows:
13 (215 ILCS 165/10) (from Ch. 32, par. 604)
14 Sec. 10. Application of Insurance Code provisions.
15 Health services plan corporations and all persons interested
16 therein or dealing therewith shall be subject to the
17 provisions of Article XII 1/2 and Sections 3.1, 133, 140,
18 143, 143c, 149, 354, 355.2, 356r, 356t, 356u, 356v, 367.2,
19 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
20 paragraphs (7) and (15) of Section 367 of the Illinois
21 Insurance Code.
22 (Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97;
23 90-25, eff. 1-1-98; revised 10-14-97.)
24 Section 106. The Public Utilities Act is amended by
25 changing Sections 2-202, 8-102, 9-212, 9-216, and 13-506 and
26 setting forth and renumbering multiple versions of Section
27 13-505.7 as follows:
28 (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
29 (Text of Section before amendment by P.A. 90-561)
30 Sec. 2-202. (a) It is declared to be the public policy of
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1 this State that in order to maintain and foster the effective
2 regulation of public utilities under this Act in the
3 interests of the People of the State of Illinois and the
4 public utilities as well, the public utilities subject to
5 regulation under this Act and which enjoy the privilege of
6 operating as public utilities in this State, shall bear the
7 expense of administering this Act by means of a tax on such
8 privilege measured by the annual gross revenue of such public
9 utilities in the manner provided in this Section. For
10 purposes of this Section, "expense of administering this Act"
11 includes any costs incident to studies, whether made by the
12 Commission or under contract entered into by the Commission,
13 concerning environmental pollution problems caused or
14 contributed to by public utilities and the means for
15 eliminating or abating those problems. Such proceeds shall be
16 deposited in the Public Utility Fund in the State treasury.
17 (b) All of the ordinary and contingent expenses of the
18 Commission incident to the administration of this Act shall
19 be paid out of the Public Utility Fund except the
20 compensation of the members of the Commission which shall be
21 paid from the General Revenue Fund. Notwithstanding other
22 provisions of this Act to the contrary, the ordinary and
23 contingent expenses of the Commission incident to the
24 administration of the Illinois Commercial Transportation Law
25 may be paid from appropriations from the Public Utility Fund
26 through the end of fiscal year 1986.
27 (c) A tax is imposed upon each public utility subject to
28 the provisions of this Act equal to .08% of its gross revenue
29 for each calendar year commencing with the calendar year
30 beginning January 1, 1982, except that the Commission may, by
31 rule, establish a different rate no greater than 0.1%.
32 "Gross revenue" shall not include amounts paid by
33 telecommunications retailers under the Telecommunications
34 Municipal Infrastructure Maintenance Fee Act.
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1 (d) Annual gross revenue returns shall be filed in
2 accordance with paragraph (1) or (2) of this subsection (d).
3 (1) Except as provided in paragraph (2) of this
4 subsection (d), on or before January 10 of each year each
5 public utility subject to the provisions of this Act
6 shall file with the Commission an estimated annual gross
7 revenue return containing an estimate of the amount of
8 its gross revenue for the calendar year commencing
9 January 1 of said year and a statement of the amount of
10 tax due for said calendar year on the basis of that
11 estimate. Public utilities may also file revised returns
12 containing updated estimates and updated amounts of tax
13 due during the calendar year. These revised returns, if
14 filed, shall form the basis for quarterly payments due
15 during the remainder of the calendar year. In addition,
16 on or before February 15 of each year, each public
17 utility shall file an amended return showing the actual
18 amount of gross revenues shown by the company's books and
19 records as of December 31 of the previous year. Forms and
20 instructions for such estimated, revised, and amended
21 returns shall be devised and supplied by the Commission.
22 (2) Beginning January 1, 1993, the requirements of
23 paragraph (1) of this subsection (d) shall not apply to
24 any public utility in any calendar year for which the
25 total tax the public utility owes under this Section is
26 less than $1,000. For such public utilities with respect
27 to such years, the public utility shall file with the
28 Commission, on or before January 31 of the following
29 year, an annual gross revenue return for the year and a
30 statement of the amount of tax due for that year on the
31 basis of such a return. Forms and instructions for such
32 returns and corrected returns shall be devised and
33 supplied by the Commission.
34 (e) All returns submitted to the Commission by a public
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1 utility as provided in this subsection (e) or subsection (d)
2 of this Section shall contain or be verified by a written
3 declaration by an appropriate officer of the public utility
4 that the return is made under the penalties of perjury. The
5 Commission may audit each such return submitted and may,
6 under the provisions of Section 5-101 of this Act, take such
7 measures as are necessary to ascertain the correctness of the
8 returns submitted. The Commission has the power to direct the
9 filing of a corrected return by any utility which has filed
10 an incorrect return and to direct the filing of a return by
11 any utility which has failed to submit a return. A
12 taxpayer's signing a fraudulent return under this Section is
13 perjury, as defined in Section 32-2 of the Criminal Code of
14 1961.
15 (f) (1) For all public utilities subject to paragraph
16 (1) of subsection (d), at least one quarter of the annual
17 amount of tax due under subsection (c) shall be paid to the
18 Commission on or before the tenth day of January, April,
19 July, and October of the calendar year subject to tax. In
20 the event that an adjustment in the amount of tax due should
21 be necessary as a result of the filing of an amended or
22 corrected return under subsection (d) or subsection (e) of
23 this Section, the amount of any deficiency shall be paid by
24 the public utility together with the amended or corrected
25 return and the amount of any excess shall, after the filing
26 of a claim for credit by the public utility, be returned to
27 the public utility in the form of a credit memorandum in the
28 amount of such excess or be refunded to the public utility in
29 accordance with the provisions of subsection (k) of this
30 Section. However, if such deficiency or excess is less than
31 $1, then the public utility need not pay the deficiency and
32 may not claim a credit.
33 (2) Any public utility subject to paragraph (2) of
34 subsection (d) shall pay the amount of tax due under
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1 subsection (c) on or before January 31 next following the end
2 of the calendar year subject to tax. In the event that an
3 adjustment in the amount of tax due should be necessary as a
4 result of the filing of a corrected return under subsection
5 (e), the amount of any deficiency shall be paid by the public
6 utility at the time the corrected return is filed. Any excess
7 tax payment by the public utility shall be returned to it
8 after the filing of a claim for credit, in the form of a
9 credit memorandum in the amount of the excess. However, if
10 such deficiency or excess is less than $1, the public utility
11 need not pay the deficiency and may not claim a credit.
12 (g) Each installment or required payment of the tax
13 imposed by subsection (c) becomes delinquent at midnight of
14 the date that it is due. Failure to make a payment as
15 required by this Section shall result in the imposition of a
16 late payment penalty, an underestimation penalty, or both, as
17 provided by this subsection. The late payment penalty shall
18 be the greater of:
19 (1) $25 for each month or portion of a month that
20 the installment or required payment is unpaid or
21 (2) an amount equal to the difference between what
22 should have been paid on the due date, based upon the
23 most recently filed estimate, and what was actually paid,
24 times one percent, for each month or portion of a month
25 that the installment or required payment goes unpaid.
26 This penalty may be assessed as soon as the installment
27 or required payment becomes delinquent.
28 The underestimation penalty shall apply to those public
29 utilities subject to paragraph (1) of subsection (d) and
30 shall be calculated after the filing of the amended return.
31 It shall be imposed if the amount actually paid on any of the
32 dates specified in subsection (f) is not equal to at least
33 one-fourth of the amount actually due for the year, and shall
34 equal the greater of:
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1 (1) $25 for each month or portion of a month that
2 the amount due is unpaid or
3 (2) an amount equal to the difference between what
4 should have been paid, based on the amended return, and
5 what was actually paid as of the date specified in
6 subsection (f), times a percentage equal to 1/12 of the
7 sum of 10% and the percentage most recently established
8 by the Commission for interest to be paid on customer
9 deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
10 month or portion of a month that the amount due goes
11 unpaid, except that no underestimation penalty shall be
12 assessed if the amount actually paid on each of the dates
13 specified in subsection (f) was based on an estimate of
14 gross revenues at least equal to the actual gross
15 revenues for the previous year. The Commission may
16 enforce the collection of any delinquent installment or
17 payment, or portion thereof by legal action or in any
18 other manner by which the collection of debts due the
19 State of Illinois may be enforced under the laws of this
20 State. The executive director or his designee may excuse
21 the payment of an assessed penalty if he determines that
22 enforced collection of the penalty would be unjust.
23 (h) All sums collected by the Commission under the
24 provisions of this Section shall be paid promptly after the
25 receipt of the same, accompanied by a detailed statement
26 thereof, into the Public Utility Fund in the State treasury.
27 (i) During the month of October of each odd-numbered
28 year the Commission shall:
29 (1) determine the amount of all moneys deposited in
30 the Public Utility Fund during the preceding fiscal
31 biennium plus the balance, if any, in that fund at the
32 beginning of that biennium;
33 (2) determine the sum total of the following items:
34 (A) all moneys expended or obligated against
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1 appropriations made from the Public Utility Fund during
2 the preceding fiscal biennium, plus (B) the sum of the
3 credit memoranda then outstanding against the Public
4 Utility Fund, if any; and
5 (3) determine the amount, if any, by which the sum
6 determined as provided in item (1) exceeds the amount
7 determined as provided in item (2).
8 If the amount determined as provided in item (3) of this
9 subsection exceeds $2,500,000, the Commission shall then
10 compute the proportionate amount, if any, which the tax paid
11 hereunder by each utility during the preceding biennium bears
12 to the difference between the amount determined as provided
13 in item (3) of this subsection (i) and $2,500,000, and notify
14 each public utility that it may file during the 3 month
15 period after the date of notification a claim for credit in
16 such proportionate amount. If the proportionate amount is
17 less than $10, no notification will be sent by the
18 Commission, and no right to a claim exists as to that amount.
19 Upon the filing of a claim for credit within the period
20 provided, the Commission shall issue a credit memorandum in
21 such amount to such public utility. Any claim for credit
22 filed after the period provided for in this Section is void.
23 (j) Credit memoranda issued pursuant to subsection (f)
24 and credit memoranda issued after notification and filing
25 pursuant to subsection (i) may be applied for the 2 year
26 period from the date of issuance, against the payment of any
27 amount due during that period under the tax imposed by
28 subsection (c), or, subject to reasonable rule of the
29 Commission including requirement of notification, may be
30 assigned to any other public utility subject to regulation
31 under this Act. Any application of credit memoranda after the
32 period provided for in this Section is void.
33 (k) The chairman or executive director may make refund
34 of fees, taxes or other charges whenever he shall determine
HB1268 Enrolled -727- LRB9000999EGfg
1 that the person or public utility will not be liable for
2 payment of such fees, taxes or charges during the next 24
3 months and he determines that the issuance of a credit
4 memorandum would be unjust.
5 (Source: P.A. 90-562, eff. 12-16-97.)
6 (Text of Section after amendment by P.A. 90-561)
7 Sec. 2-202. (a) It is declared to be the public policy of
8 this State that in order to maintain and foster the effective
9 regulation of public utilities under this Act in the
10 interests of the People of the State of Illinois and the
11 public utilities as well, the public utilities subject to
12 regulation under this Act and which enjoy the privilege of
13 operating as public utilities in this State, shall bear the
14 expense of administering this Act by means of a tax on such
15 privilege measured by the annual gross revenue of such public
16 utilities in the manner provided in this Section. For
17 purposes of this Section, "expense of administering this Act"
18 includes any costs incident to studies, whether made by the
19 Commission or under contract entered into by the Commission,
20 concerning environmental pollution problems caused or
21 contributed to by public utilities and the means for
22 eliminating or abating those problems. Such proceeds shall be
23 deposited in the Public Utility Fund in the State treasury.
24 (b) All of the ordinary and contingent expenses of the
25 Commission incident to the administration of this Act shall
26 be paid out of the Public Utility Fund except the
27 compensation of the members of the Commission which shall be
28 paid from the General Revenue Fund. Notwithstanding other
29 provisions of this Act to the contrary, the ordinary and
30 contingent expenses of the Commission incident to the
31 administration of the Illinois Commercial Transportation Law
32 may be paid from appropriations from the Public Utility Fund
33 through the end of fiscal year 1986.
34 (c) A tax is imposed upon each public utility subject to
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1 the provisions of this Act equal to .08% of its gross revenue
2 for each calendar year commencing with the calendar year
3 beginning January 1, 1982, except that the Commission may, by
4 rule, establish a different rate no greater than 0.1%. For
5 purposes of this Section, "gross revenue" shall not include
6 revenue from the production, transmission, distribution,
7 sale, delivery, or furnishing of electricity. "Gross revenue"
8 shall not include amounts paid by telecommunications
9 retailers under the Telecommunications Municipal
10 Infrastructure Maintenance Fee Act.
11 (d) Annual gross revenue returns shall be filed in
12 accordance with paragraph (1) or (2) of this subsection (d).
13 (1) Except as provided in paragraph (2) of this
14 subsection (d), on or before January 10 of each year each
15 public utility subject to the provisions of this Act
16 shall file with the Commission an estimated annual gross
17 revenue return containing an estimate of the amount of
18 its gross revenue for the calendar year commencing
19 January 1 of said year and a statement of the amount of
20 tax due for said calendar year on the basis of that
21 estimate. Public utilities may also file revised returns
22 containing updated estimates and updated amounts of tax
23 due during the calendar year. These revised returns, if
24 filed, shall form the basis for quarterly payments due
25 during the remainder of the calendar year. In addition,
26 on or before February 15 of each year, each public
27 utility shall file an amended return showing the actual
28 amount of gross revenues shown by the company's books and
29 records as of December 31 of the previous year. Forms and
30 instructions for such estimated, revised, and amended
31 returns shall be devised and supplied by the Commission.
32 (2) Beginning January 1, 1993, the requirements of
33 paragraph (1) of this subsection (d) shall not apply to
34 any public utility in any calendar year for which the
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1 total tax the public utility owes under this Section is
2 less than $1,000. For such public utilities with respect
3 to such years, the public utility shall file with the
4 Commission, on or before January 31 of the following
5 year, an annual gross revenue return for the year and a
6 statement of the amount of tax due for that year on the
7 basis of such a return. Forms and instructions for such
8 returns and corrected returns shall be devised and
9 supplied by the Commission.
10 (e) All returns submitted to the Commission by a public
11 utility as provided in this subsection (e) or subsection (d)
12 of this Section shall contain or be verified by a written
13 declaration by an appropriate officer of the public utility
14 that the return is made under the penalties of perjury. The
15 Commission may audit each such return submitted and may,
16 under the provisions of Section 5-101 of this Act, take such
17 measures as are necessary to ascertain the correctness of the
18 returns submitted. The Commission has the power to direct the
19 filing of a corrected return by any utility which has filed
20 an incorrect return and to direct the filing of a return by
21 any utility which has failed to submit a return. A
22 taxpayer's signing a fraudulent return under this Section is
23 perjury, as defined in Section 32-2 of the Criminal Code of
24 1961.
25 (f) (1) For all public utilities subject to paragraph
26 (1) of subsection (d), at least one quarter of the annual
27 amount of tax due under subsection (c) shall be paid to the
28 Commission on or before the tenth day of January, April,
29 July, and October of the calendar year subject to tax. In
30 the event that an adjustment in the amount of tax due should
31 be necessary as a result of the filing of an amended or
32 corrected return under subsection (d) or subsection (e) of
33 this Section, the amount of any deficiency shall be paid by
34 the public utility together with the amended or corrected
HB1268 Enrolled -730- LRB9000999EGfg
1 return and the amount of any excess shall, after the filing
2 of a claim for credit by the public utility, be returned to
3 the public utility in the form of a credit memorandum in the
4 amount of such excess or be refunded to the public utility in
5 accordance with the provisions of subsection (k) of this
6 Section. However, if such deficiency or excess is less than
7 $1, then the public utility need not pay the deficiency and
8 may not claim a credit.
9 (2) Any public utility subject to paragraph (2) of
10 subsection (d) shall pay the amount of tax due under
11 subsection (c) on or before January 31 next following the end
12 of the calendar year subject to tax. In the event that an
13 adjustment in the amount of tax due should be necessary as a
14 result of the filing of a corrected return under subsection
15 (e), the amount of any deficiency shall be paid by the public
16 utility at the time the corrected return is filed. Any excess
17 tax payment by the public utility shall be returned to it
18 after the filing of a claim for credit, in the form of a
19 credit memorandum in the amount of the excess. However, if
20 such deficiency or excess is less than $1, the public utility
21 need not pay the deficiency and may not claim a credit.
22 (g) Each installment or required payment of the tax
23 imposed by subsection (c) becomes delinquent at midnight of
24 the date that it is due. Failure to make a payment as
25 required by this Section shall result in the imposition of a
26 late payment penalty, an underestimation penalty, or both, as
27 provided by this subsection. The late payment penalty shall
28 be the greater of:
29 (1) $25 for each month or portion of a month that
30 the installment or required payment is unpaid or
31 (2) an amount equal to the difference between what
32 should have been paid on the due date, based upon the
33 most recently filed estimate, and what was actually paid,
34 times 1%, for each month or portion of a month that the
HB1268 Enrolled -731- LRB9000999EGfg
1 installment or required payment goes unpaid. This
2 penalty may be assessed as soon as the installment or
3 required payment becomes delinquent.
4 The underestimation penalty shall apply to those public
5 utilities subject to paragraph (1) of subsection (d) and
6 shall be calculated after the filing of the amended return.
7 It shall be imposed if the amount actually paid on any of the
8 dates specified in subsection (f) is not equal to at least
9 one-fourth of the amount actually due for the year, and shall
10 equal the greater of:
11 (1) $25 for each month or portion of a month that
12 the amount due is unpaid or
13 (2) an amount equal to the difference between what
14 should have been paid, based on the amended return, and
15 what was actually paid as of the date specified in
16 subsection (f), times a percentage equal to 1/12 of the
17 sum of 10% and the percentage most recently established
18 by the Commission for interest to be paid on customer
19 deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
20 month or portion of a month that the amount due goes
21 unpaid, except that no underestimation penalty shall be
22 assessed if the amount actually paid on each of the dates
23 specified in subsection (f) was based on an estimate of
24 gross revenues at least equal to the actual gross
25 revenues for the previous year. The Commission may
26 enforce the collection of any delinquent installment or
27 payment, or portion thereof by legal action or in any
28 other manner by which the collection of debts due the
29 State of Illinois may be enforced under the laws of this
30 State. The executive director or his designee may excuse
31 the payment of an assessed penalty if he determines that
32 enforced collection of the penalty would be unjust.
33 (h) All sums collected by the Commission under the
34 provisions of this Section shall be paid promptly after the
HB1268 Enrolled -732- LRB9000999EGfg
1 receipt of the same, accompanied by a detailed statement
2 thereof, into the Public Utility Fund in the State treasury.
3 (i) During the month of October of each odd-numbered
4 year the Commission shall:
5 (1) determine the amount of all moneys deposited in
6 the Public Utility Fund during the preceding fiscal
7 biennium plus the balance, if any, in that fund at the
8 beginning of that biennium;
9 (2) determine the sum total of the following items:
10 (A) all moneys expended or obligated against
11 appropriations made from the Public Utility Fund during
12 the preceding fiscal biennium, plus (B) the sum of the
13 credit memoranda then outstanding against the Public
14 Utility Fund, if any; and
15 (3) determine the amount, if any, by which the sum
16 determined as provided in item (1) exceeds the amount
17 determined as provided in item (2).
18 If the amount determined as provided in item (3) of this
19 subsection exceeds $2,500,000, the Commission shall then
20 compute the proportionate amount, if any, which (x) the tax
21 paid hereunder by each utility during the preceding biennium,
22 and (y) the amount paid into the Public Utility Fund during
23 the preceding biennium by the Department of Revenue pursuant
24 to Sections 2-9 and 2-11 of the Electricity Excise Tax Law,
25 bears to the difference between the amount determined as
26 provided in item (3) of this subsection (i) and $2,500,000.
27 The Commission shall cause the proportionate amount
28 determined with respect to payments made under the
29 Electricity Excise Tax Law to be transferred into the General
30 Revenue Fund in the State Treasury, and notify each public
31 utility that it may file during the 3 month period after the
32 date of notification a claim for credit for the proportionate
33 amount determined with respect to payments made hereunder by
34 the public utility. If the proportionate amount is less than
HB1268 Enrolled -733- LRB9000999EGfg
1 $10, no notification will be sent by the Commission, and no
2 right to a claim exists as to that amount. Upon the filing of
3 a claim for credit within the period provided, the Commission
4 shall issue a credit memorandum in such amount to such public
5 utility. Any claim for credit filed after the period provided
6 for in this Section is void.
7 (j) Credit memoranda issued pursuant to subsection (f)
8 and credit memoranda issued after notification and filing
9 pursuant to subsection (i) may be applied for the 2 year
10 period from the date of issuance, against the payment of any
11 amount due during that period under the tax imposed by
12 subsection (c), or, subject to reasonable rule of the
13 Commission including requirement of notification, may be
14 assigned to any other public utility subject to regulation
15 under this Act. Any application of credit memoranda after the
16 period provided for in this Section is void.
17 (k) The chairman or executive director may make refund
18 of fees, taxes or other charges whenever he shall determine
19 that the person or public utility will not be liable for
20 payment of such fees, taxes or charges during the next 24
21 months and he determines that the issuance of a credit
22 memorandum would be unjust.
23 (Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97; revised
24 12-30-97.)
25 (220 ILCS 5/8-102) (from Ch. 111 2/3, par. 8-102)
26 Sec. 8-102. Audit or investigation. The Commission is
27 authorized to conduct or order a management audit or
28 investigation of any public utility or part thereof. The
29 Such audit or investigation may examine the reasonableness,
30 prudence, prudency or efficiency of any aspect of the
31 utility's operations, costs, management, decisions or
32 functions that which may affect the adequacy, safety,
33 efficiency or reliability of utility service or the
HB1268 Enrolled -734- LRB9000999EGfg
1 reasonableness or prudence prudency of the costs underlying
2 rates or charges for utility service. The Commission may
3 conduct or order a management audit or investigation only
4 when it has reasonable grounds to believe that the such audit
5 or investigation is necessary to assure that the utility is
6 providing adequate, efficient, reliable, safe, and least-cost
7 service and charging only just and reasonable rates therefor,
8 or that the such audit or investigation is likely to be
9 cost-beneficial in enhancing the quality of such service or
10 the reasonableness of rates therefor. The Commission shall,
11 before initiating any such audit or investigation, issue an
12 order describing the grounds for the such audit or
13 investigation and the appropriate scope and nature of the
14 such audit or investigation. The scope and nature of any
15 such audit or investigation shall be reasonably related to
16 the grounds relied upon by the Commission in its order.
17 Any audit or investigation authorized pursuant to this
18 Section may be conducted by the Commission, or if the
19 Commission is unable to adequately perform the such audit or
20 investigation, the Commission may arrange for it to be
21 conducted by persons independent of the utility and selected
22 by the Commission. The cost of such an independent audit
23 shall be borne initially by the utility, but shall be
24 recovered as an expense through normal ratemaking procedures.
25 Any audit or investigation shall be conducted in accordance
26 with generally accepted auditing standards.
27 (Source: P.A. 84-617; revised 7-2-97.)
28 (220 ILCS 5/9-212) (from Ch. 111 2/3, par. 9-212)
29 Sec. 9-212. No new electric utility generating plant or
30 gas production facility, or significant addition to existing
31 facilities or plant, shall be included in a utility's rate
32 base unless and until the utility proves, and the Commission
33 determines, that such plant or facility is both prudent and
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1 used and useful in providing utility service to the utility's
2 customers. For purposes of this Section, "prudent" means
3 prudency shall mean that at the time of certification,
4 initiation of construction and each subsequent evaluation of
5 any construction project until the time of completion, based
6 on the evidence introduced in any hearings and all
7 information which was known or should have been known at the
8 time, and relevant planning and certification criteria, it
9 was prudent and reasonable to conclude that the generating or
10 production facility would be used and useful in providing
11 service to customers at the time of completion. If the
12 Commission has issued a certificate of public convenience and
13 necessity for the completed facility, and, to the extent that
14 the Commission approves continued construction upon
15 reevaluation subsequent to certification, such actions shall
16 constitute prima facie evidence of the prudence prudency of
17 construction. If the Commission determines as a result of
18 reevaluation during construction that the facility should not
19 be completed, such determination shall constitute prima facie
20 evidence that subsequent construction expenditures were
21 imprudent.
22 A generation or production facility is used and useful
23 only if, and only to the extent that, it is necessary to meet
24 customer demand or economically beneficial in meeting such
25 demand. No generation or production facility shall be found
26 used and useful until and unless it is capable of generation
27 or production at significant operating levels on a consistent
28 and sustainable basis. Any pollution control devices for the
29 control of sulfur dioxide emissions installed or used in
30 accordance with, and up to the cost specified in, an order or
31 supplemental order of the Commission entered pursuant to
32 subsection (e) of Section 8-402.1 shall be deemed prudent and
33 shall, upon being placed into operation on a consistent,
34 sustainable basis by the public utility, be deemed used and
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1 useful.
2 (Source: P.A. 87-173; revised 7-2-97.)
3 (220 ILCS 5/9-216) (from Ch. 111 2/3, par. 9-216)
4 Sec. 9-216. The Commission shall establish, by
5 rulemaking, the policies and procedures which shall be
6 utilized in evaluating and deciding any requests for the
7 recovery and allocation of reasonable and prudent costs
8 incurred in the construction of generation or production
9 facilities which have been cancelled. In establishing such
10 policies and procedures the Commission shall consider all
11 relevant factors, including, but not limited to, the prudence
12 prudency and reasonableness of such costs, the reasons for
13 cancellation, the consistency of construction and
14 cancellation with certification and reevaluation criteria and
15 proceedings, the need to provide proper incentives for future
16 construction and cancellation decisions, and the balance of
17 equities between ratepayers and shareholders.
18 (Source: P.A. 84-617; revised 7-2-97.)
19 (220 ILCS 5/13-505.7)
20 (Section scheduled to be repealed on July 1, 2001)
21 Sec. 13-505.7. Interactive video learning tariffs. The
22 Commission shall permit telecommunications carriers to offer
23 special interactive video learning tariffs for the exclusive
24 use of qualified educational institutions. Except for
25 carriers subject to Section 13-504, the rates in such tariffs
26 shall not be less than the long run service incremental costs
27 of providing interactive video learning services. Qualified
28 educational institutions shall be limited to school
29 districts; public or private not-for-profit schools enrolling
30 more than 20 pupils for kindergarten grade or over up through
31 grade 12; public or private degree granting, not-for-profit
32 colleges or universities; public libraries organized under
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1 the Public Library District Act of 1991 or the Illinois Local
2 Library Act; and regional library systems organized under the
3 Illinois Library System Act. Interactive video learning
4 consists of video, data, voice, and electronic information
5 used by a qualified educational institution for instruction,
6 learning, and training. These special telecommunications
7 carrier interactive video learning tariffs shall be exempt
8 from the provisions of Sections 9-241, 9-250, 13-502,
9 13-505.1, and 13-505.2 of this Act. Provided, however,
10 telecommunications carriers may also file such special
11 tariffs pursuant to this Section and in accordance with
12 Section 13-502.
13 (Source: P.A. 89-141, eff. 7-14-95; 90-279, eff. 7-31-97;
14 revised 9-30-97.)
15 (220 ILCS 5/13-505.8)
16 (Section scheduled to be repealed on July 1, 2001)
17 Sec. 13-505.8. 13-505.7. Bundling. Nothing in this Act
18 shall prohibit the bundling of any telecommunications
19 services, provided that for a telecommunications carrier that
20 provides both noncompetitive and competitive services the
21 price for a bundle of telecommunications services shall not
22 be less than the aggregate of the unbundled prices of the
23 telecommunications services offered in the bundle.
24 (Source: P.A. 90-185, eff. 7-23-97; revised 7-23-97.)
25 (220 ILCS 5/13-506)
26 (Section scheduled to be repealed on July 1, 2001)
27 Sec. 13-506. Tariffs for competitive telecommunications
28 services.
29 (a) Telecommunications carriers may file proposed
30 tariffs for any competitive telecommunications service which
31 includes and specifically describes a range, band, formula,
32 or standard within which or by which a change in rates or
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1 charges for such telecommunications service could be made
2 without prior notice or prior Commission approval, provided
3 that any and all rates or charges within the band or range,
4 or determinable by the operation of the formula or standard,
5 are consistent with the public interest and the purpose and
6 policies of this Article and Act, and are likely to remain so
7 for the foreseeable forseeable future. To the extent any
8 proposed band or range encompasses rates or charges which are
9 not consistent with the public interest and the purposes and
10 policies of this Article and Act or otherwise fully proper,
11 or any proposed formula or standard determines rates or
12 charges which are not consistent with the purposes and
13 policies of this Article and Act or otherwise fully proper,
14 the Commission after notice and hearing shall have the power
15 to modify the level, scope, or limits of such band or range,
16 and to modify or limit the operation of such formula or
17 standard, as necessary, to ensure that rates or charges
18 resulting therefrom are consistent with the purposes and
19 policies of this Article and Act and fully proper, and likely
20 to remain so in the foreseeable forseeable future.
21 (b) The Commission may require a telecommunications
22 carrier to file a variable tariff as described in paragraph
23 (a) for any or all competitive telecommunications services
24 which are offered or provided by such carrier, if the
25 Commission finds, after notice and hearing, that the
26 determination of rates or charges for such service by a
27 tariff would improve the Commission's ability to effectively
28 regulate such rates or charges and that such improvement is
29 required by the public interest. Any such tariff required by
30 the Commission shall be approved only if it is also
31 consistent with the provisions of paragraph (a) of this
32 Section.
33 (c) When the Commission approves a variable tariff, as
34 proposed or modified pursuant to this Section, the
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1 telecommunications carrier shall place such tariff in effect
2 thereafter and such tariff shall determine rates or charges
3 according to the provisions thereof.
4 (Source: P.A. 90-185, eff. 7-23-97; revised 11-19-97.)
5 Section 107. The Hearing Instrument Consumer Protection
6 Act is amended by changing Section 5 as follows:
7 (225 ILCS 50/5) (from Ch. 111, par. 7405)
8 Sec. 5. License Licensed required. No person shall
9 engage in the selling, practice of testing, fitting,
10 selecting, recommending, adapting, dispensing, or servicing
11 hearing instruments or display a sign, advertise, or
12 represent oneself as a person who practices the fitting or
13 selling of hearing instruments unless such person holds a
14 current license issued by the Department as provided in this
15 Act. Such person shall be known as a licensed hearing
16 instrument dispenser. Individuals licensed pursuant to the
17 provisions of Section 8 of this Act shall be deemed qualified
18 to provide tests of human hearing and hearing instrument
19 evaluations for the purpose of dispensing a hearing
20 instrument for which any State agency may contract. The
21 license shall be conspicuously displayed in the place of
22 business. Duplicate licenses shall be issued by the
23 Department to licensees operating more than one office upon
24 the additional payment set forth in this Act.
25 Except for violations of the provisions of this Act, or
26 the rules promulgated under it, nothing in this Act shall
27 prohibit a corporation, partnership, trust, association, or
28 other entity from engaging in the business of testing,
29 fitting, servicing, selecting, dispensing, selling, or
30 offering for sale hearing instruments at retail without a
31 license, provided it employs only licensed individuals in the
32 direct testing, fitting, servicing, selecting, offering for
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1 sale, or dispensing of such products. Each such corporation,
2 partnership, trust, association, or other entity shall file
3 with the Department, prior to doing business in this State
4 and by July 1 of each calendar year thereafter, on forms
5 prescribed by the Department, a list of all licensed hearing
6 instrument dispensers employed by it and a statement
7 attesting that it complies with this Act and the rules
8 promulgated under it and the regulations of the Federal Food
9 and Drug Administration and the Federal Trade Commission
10 insofar as they are applicable.
11 (Source: P.A. 89-72, eff. 12-31-95; revised 12-18-97.)
12 Section 108. The Marriage and Family Therapy Licensing
13 Act is amended by changing Section 95 as follows:
14 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
15 Sec. 95. Investigation; notice and hearing. The
16 Department may investigate the actions or qualifications of
17 any person or persons holding or claiming to hold a license.
18 Before suspending, revoking, placing on probationary status,
19 or taking any other disciplinary action as the Department may
20 deem proper with regard to any license, at least 30 days
21 before the date set for the hearing, the Department shall (i)
22 notify the accused in writing of any charges made and the
23 time and place for a hearing on the charges before the Board,
24 (ii) direct him or her to file a written answer to the
25 charges with the Board under oath within 20 days after the
26 service on him or her of such notice, and (iii) inform him or
27 her that if he or she fails to file an answer, default will
28 be taken against him or her and his or her license may be
29 suspended, revoked, placed on probationary status, or other
30 disciplinary action taken with regard to the license,
31 including limiting the scope, nature, or extent of his or her
32 practice, as the Department may deem proper. In case the
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1 person, after receiving notice, fails to file an answer, his
2 or her license may, in the discretion of the Department, be
3 suspended, revoked, placed on probationary status, or the
4 Department may take whatever disciplinary action deemed
5 proper, including limiting the scope, nature, or extent of
6 the person's practice or the imposition of a fine, without a
7 hearing, if the act or acts charged constitute sufficient
8 grounds for such action under this Act. This written notice
9 and any notice in the subsequent proceedings may be served by
10 personal delivery to the accused person, or by registered or
11 certified mail to the address last specified by the accused
12 in his last notification to the Department. In case the
13 person fails to file an answer after receiving notice, his or
14 her license may, in the discretion of the Department, be
15 suspended, revoked, or placed on probationary status, or the
16 Department may take whatever disciplinary action deemed
17 proper, including limiting the scope, nature, or extent of
18 the person's practice or the imposition of a fine, without a
19 hearing, if the act or acts charged constitute sufficient
20 grounds for such action under this Act. The written answer
21 shall be served by personal delivery, certified delivery, or
22 certified or registered mail to the Department. At the time
23 and place fixed in the notice, the Department shall proceed
24 to hear the charges and the parties or their counsel shall be
25 accorded ample opportunity to present such statements,
26 testimony, evidence, and argument as may be pertinent to the
27 charges or to the defense thereto. The Department may
28 continue such hearing from time to time. At the discretion
29 of the Director after having first received the
30 recommendation of the Board, the accused person's license may
31 be suspended or revoked, if the evidence constitutes
32 sufficient grounds for such action under this Act.
33 (Source: P.A. 90-61, eff. 12-30-97; revised 12-18-97.)
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1 Section 109. The Naprapathic Practice Act is amended by
2 changing Section 120 as follows:
3 (225 ILCS 63/120)
4 Sec. 120. Injunctions; cease and desist orders.
5 (a) If any person violates the provision of this Act,
6 the Director may, in the name of the People of the State of
7 Illinois, through the Attorney General of the State of
8 Illinois or the State's Attorney of any county in which the
9 action is brought, petition for an order enjoining the
10 violation or for an order enforcing compliance with this Act.
11 Upon the filing of a verified petition in court, the court
12 may issue a temporary restraining order, without notice or
13 bond, and may preliminarily and permanently enjoin the
14 violation. If it is established that the person has violated
15 or is violating the injunction, the Court may punish the
16 offender for contempt of court. Proceedings under this
17 Section shall be in addition to, and not in lieu of, all
18 other remedies and penalties provided by this Act.
19 (b) If any person practices as a naprapath or holds
20 himself or herself out as a naprapath without being licensed
21 under the provisions of this Act then any licensed naprapath,
22 any interested party, or any person injured thereby may, in
23 addition to the Director, petition for relief as provided in
24 subsection (a) of this Section.
25 (c) Whenever in the opinion of the Department any person
26 violates any provision of this Act, the Department may issue
27 a rule to show cause why an order to cease and the desist
28 should not be entered against that person. The rule shall
29 clearly set forth the grounds relied upon by the Department
30 and shall provide a period of 7 days from the date of the
31 rule to file an answer to the satisfaction of the Department.
32 Failure to answer to the satisfaction of the Department shall
33 cause an order to cease and desist to be issued immediately.
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1 (Source: P.A. 89-61, eff. 6-30-95; revised 12-18-97.)
2 Section 110. The Illinois Nursing Act of 1987 is amended
3 by changing Sections 3, 4, and 24 as follows:
4 (225 ILCS 65/3) (from Ch. 111, par. 3503)
5 Sec. 3. Definitions. Each of the following terms, when
6 used in this Act, shall have the meaning ascribed to it in
7 this Section, except where the context clearly indicates
8 otherwise:
9 (a) "Department" means the Department of Professional
10 Regulation.
11 (b) "Director" means the Director of Professional
12 Regulation.
13 (c) "Board" means the Board of Nursing appointed by the
14 Director.
15 (d) "Academic year" means the customary annual schedule
16 of courses at a college, university, or approved school,
17 customarily regarded as the school year as distinguished from
18 the calendar year.
19 (e) "Approved program of professional nursing education"
20 and "approved program of practical nursing education" are
21 programs of professional or practical nursing, respectively,
22 approved by the Department under the provisions of this Act.
23 (f) "Nursing Act Coordinator" means a registered
24 professional nurse appointed by the Director to carry out the
25 administrative policies of the Department.
26 (g) "Assistant Nursing Act Coordinator" means a
27 registered professional nurse appointed by the Director to
28 assist in carrying out the administrative policies of the
29 Department.
30 (h) "Registered" is the equivalent of "licensed".
31 (i) "Practical nurse" or "licensed practical nurse"
32 means a person who is licensed as a practical nurse under
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1 this Act and practices practical nursing as defined in
2 paragraph (j) of this Section. Only a practical nurse
3 licensed under this Act is entitled to use the title
4 "licensed practical nurse" and the abbreviation "L.P.N.".
5 (j) "Practical nursing" means the performance of nursing
6 acts requiring the basic nursing knowledge, judgement, and
7 skill acquired by means of completion of an approved
8 practical nursing education program. Practical nursing
9 includes assisting in the nursing process as delegated by and
10 under the direction of a registered professional nurse. The
11 practical nurse may work under the direction of a licensed
12 physician, dentist, podiatrist, or other health care
13 professional determined by the Department.
14 (k) "Registered Nurse" or "Registered Professional
15 Nurse" means a person who is licensed as a professional nurse
16 under this Act and practices nursing as defined in paragraph
17 (l) of this Section. Only a registered nurse licensed under
18 this Act is entitled to use the titles "registered nurse" and
19 "registered professional nurse" and the abbreviation, "R.N.".
20 (l) "Registered professional nursing practice" includes
21 all nursing specialities and means the performance of any
22 nursing act based upon professional knowledge, judgment, and
23 skills acquired by means of completion of an approved
24 registered professional nursing education program. A
25 registered professional nurse provides nursing care
26 emphasizing the importance of the whole and the
27 interdependence of its parts through the nursing process to
28 individuals, groups, families, or communities, that includes
29 but is not limited to: (1) the assessment of healthcare
30 needs, nursing diagnosis, planning, implementation, and
31 nursing evaluation; (2) the promotion, maintenance, and
32 restoration of health; (3) counseling, patient education,
33 health education, and patient advocacy; (4) the
34 administration of medications and treatments as prescribed by
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1 a physician licensed to practice medicine in all of its
2 branches, a licensed dentist, a licensed podiatrist, or a
3 licensed optometrist; (5) the coordination and management of
4 the nursing plan of care; (6) the delegation to and
5 supervision of individuals who assist the registered
6 professional nurse implementing the plan of care; and (7)
7 teaching and supervision of nursing students. in The
8 foregoing shall not be deemed to include those acts of
9 medical diagnosis or prescription of therapeutic or
10 corrective measures that are properly performed only by
11 physicians licensed in the State of Illinois.
12 (m) "Current nursing practice update course" means a
13 planned nursing education curriculum approved by the
14 Department consisting of activities that have educational
15 objectives, instructional methods, content or subject matter,
16 clinical practice, and evaluation methods, related to basic
17 review and updating content and specifically planned for
18 those nurses previously licensed in the United States or its
19 territories and preparing for reentry into nursing practice.
20 (n) "Professional assistance program for nurses" means a
21 professional assistance program that meets criteria
22 established by the Committee on Nursing and approved by the
23 Director, which provides a non-disciplinary treatment
24 approach for nurses licensed under this Act whose ability to
25 practice is compromised by alcohol or chemical substance
26 addiction.
27 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
28 revised 8-12-97.)
29 (225 ILCS 65/4) (from Ch. 111, par. 3504)
30 Sec. 4. Policy; application of Act. For the protection
31 of life and the promotion of health, and the prevention of
32 illness and communicable diseases, any person practicing or
33 offering to practice professional and practical nursing in
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1 Illinois shall submit evidence that he or she is qualified to
2 practice, and shall be licensed as provided under this Act.
3 No person shall practice or offer to practice professional or
4 practical nursing in Illinois or use any title, sign, card or
5 device to indicate that such a person is practicing
6 professional or practical nursing unless such person has been
7 licensed under the provisions of this Act.
8 This Act does not prohibit the following:
9 (a) The practice of nursing in Federal employment in the
10 discharge of the employee's duties by a person who is
11 employed by the United States government or any bureau,
12 division or agency thereof and is a legally qualified and
13 licensed nurse of another state or territory and not in
14 conflict with Sections 6, 12, and 25 of this Act.;
15 (b) Nursing that is included in their program of study
16 by students enrolled in programs of nursing or in current
17 nurse practice update courses approved by the Department.;
18 (c) The furnishing of nursing assistance in an
19 emergency.;
20 (d) The practice of nursing by a nurse who holds an
21 active license in another state when providing services to
22 patients in Illinois during a bonafide emergency or in
23 immediate preparation for or during interstate transit.;
24 (e) The incidental care of the sick by members of the
25 family, domestic servants or housekeepers, or care of the
26 sick where treatment is by prayer or spiritual means.;
27 (f) Persons from being employed as nursing aides,
28 attendants, orderlies, and other auxiliary workers in private
29 homes, long term care facilities, nurseries, hospitals or
30 other institutions.;
31 (g) The practice of practical nursing by one who has
32 applied in writing to the Department in form and substance
33 satisfactory to the Department, for a license as a licensed
34 practical nurse and has complied with all the provisions
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1 under Section 12, except the passing of an examination to be
2 eligible to receive such license, until: the decision of the
3 Department that the applicant has failed to pass the next
4 available examination authorized by the Department, or
5 failed, without an approved excuse, to take the next
6 available examination authorized by the Department, or the
7 withdrawal of the application, not to exceed 3 months. No
8 applicant for licensure practicing under the provisions of
9 this paragraph shall practice practical nursing except under
10 the direct supervision of a registered professional nurse
11 licensed under this Act or a licensed physician, dentist or
12 podiatrist. In no instance shall any such applicant practice
13 or be employed in any supervisory capacity.;
14 (h) The practice of practical nursing by one who is a
15 licensed practical nurse under the laws of another U.S.
16 jurisdiction and has applied in writing to the Department, in
17 form and substance satisfactory to the Department, for a
18 license as a licensed practical nurse and who is qualified to
19 receive such license under Section 12, until: (1) the
20 expiration of 6 months after the filing of such written
21 application, or (2) the withdrawal of such application, or
22 (3) the denial of such application by the Department.;
23 (i) The practice of professional nursing by one who has
24 applied in writing to the Department in form and substance
25 satisfactory to the Department for a license as a registered
26 professional nurse and has complied with all the provisions
27 under Section 12 except the passing of an examination to be
28 eligible to receive such license until: the decision of the
29 Department that the applicant has failed to pass the next
30 available examination authorized by the Department, or
31 failed, without an approved excuse, to take the next
32 available examination authorized by the Department or the
33 withdrawal of the application, not to exceed 3 months. No
34 applicant for licensure practicing under the provisions of
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1 this paragraph shall practice professional nursing except
2 under the direct supervision of a registered professional
3 nurse licensed under this Act. In no instance shall any such
4 applicant practice or be employed in any supervisory
5 capacity.;
6 (j) The practice of professional nursing by one who is a
7 registered professional nurse under the laws of another
8 state, territory of the United States or country and has
9 applied in writing to the Department, in form and substance
10 satisfactory to the Department, for a license as a registered
11 professional nurse and who is qualified to receive such
12 license under Section 12, until: (1) the expiration of 6
13 months after the filing of such written application, or (2)
14 the withdrawal of such application, or (3) the denial of such
15 application by the Department.;
16 (k) The practice of professional nursing that is
17 included in a program of study by one who is a registered
18 professional nurse under the laws of another state or
19 territory of the United States or foreign country, territory
20 or province and who is enrolled in a graduate nursing
21 education program or a program for the completion of a
22 baccalaureate nursing degree in this State which program
23 includes clinical supervision by faculty as determined by the
24 educational institution offering the program and the health
25 care organization where the practice of nursing occurs. The
26 educational institution will file with the Department each
27 academic term a list of the names and origin of license of
28 all professional nurses practicing nursing as part of their
29 programs under this provision.; or
30 (l) Any person licensed in this State under any other
31 Act from engaging in the practice for which she or he is
32 licensed.
33 An applicant for license practicing under the exceptions
34 set forth in subparagraphs (g), (h), (i), and (j) of this
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1 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
2 Pend. respectively and no other.
3 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
4 revised 8-12-97.)
5 (225 ILCS 65/24) (from Ch. 111, par. 3524)
6 Sec. 24. Fund. There is hereby created within the State
7 Treasury the Nursing Dedicated and Professional Fund. The
8 monies in the Fund may be used by and at the direction of the
9 Department for the administration and enforcement of this
10 Act, including but not limited to:
11 (a) Distribution and publication of the Illinois
12 Nursing Act of 1987 and the rules at the time of renewal
13 to all Registered Professional Nurses and Licensed
14 Practical Nurses licensed by the Department.
15 (b) Employment of secretarial, nursing,
16 administrative, enforcement, and other staff for the
17 administration of this Act.
18 (c) Conducting a survey, as prescribed by rule of
19 the Department, once every 4 years during the license
20 renewal period.
21 (d) Conducting of training seminars for licensees
22 under this Act relating to the obligations,
23 responsibilities, enforcement and other provisions of the
24 Act and its rules.
25 (e) Disposition of Fees:
26 (i) (Blank).
27 (ii) All of the fees and fines collected
28 pursuant to this Act shall be deposited in the
29 Nursing Dedicated and Professional Fund.
30 (iii) For the fiscal year beginning July 1,
31 1988, the moneys deposited in the Nursing Dedicated
32 and Professional Fund shall be appropriated to the
33 Department for expenses of the Department and the
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1 Board in the administration of this Act. All
2 earnings received from investment of moneys in the
3 Nursing Dedicated and Professional Fund shall be
4 deposited in the Nursing Dedicated and Professional
5 Fund and shall be used for the same purposes as fees
6 deposited in the Fund.
7 (iv) For the fiscal year beginning July 1,
8 1991 and for each fiscal year thereafter, either 10%
9 of the moneys deposited in the Nursing Dedicated and
10 Professional Fund each year, not including interest
11 accumulated on such moneys, or any moneys deposited
12 in the Fund in each year which are in excess of the
13 amount appropriated in that year to meet ordinary
14 and contingent expenses of the Board, whichever is
15 less, shall be set aside and appropriated to the
16 Illinois Department of Public Health for nursing
17 scholarships awarded pursuant to the Nursing
18 Education Scholarship Law.
19 (v) Moneys in the Fund may be transferred to
20 the Professions Indirect Cost Fund as authorized
21 under Section 61e of the Civil Administrative Code
22 of Illinois.
23 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
24 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
25 7-1-98; revised 8-18-97.)
26 Section 111. The Illinois Optometric Practice Act of
27 1987 is amended by changing Sections 3 and 24 as follows:
28 (225 ILCS 80/3) (from Ch. 111, par. 3903)
29 Sec. 3. Practice of optometry defined; referrals;
30 manufacture of lenses and prisms.
31 (a) The practice of optometry is defined as the
32 employment of any and all means for the examination,
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1 diagnosis, and treatment of the human visual system, the
2 human eye, and its appendages without the use of surgery,
3 including but not limited to: the appropriate use of
4 diagnostic ocular pharmaceutical agents and therapeutic
5 ocular pharmaceutical agents; refraction and other
6 determinants of visual function; prescribing corrective
7 lenses or prisms; prescribing, dispensing, or management of
8 contact lenses; vision therapy; visual rehabilitation; or any
9 other procedures taught in schools and colleges of optometry
10 approved by the Department, and not specifically restricted
11 in this Act, subject to demonstrated competency and training
12 as required by the Board, and pursuant to rule or regulation
13 approved by the Board and adopted by the Department.
14 A person shall be deemed to be practicing optometry
15 within the meaning of this Act who:
16 (1) In any way presents himself or herself to be
17 qualified to practice optometry.
18 (2) Performs refractions or employs any other
19 determinants of visual function.
20 (3) Employs any means for the adaptation of lenses
21 or prisms.
22 (4) Prescribes corrective lenses, prisms, vision
23 therapy, visual rehabilitation, or ocular pharmaceutical
24 agents.
25 (5) Prescribes or manages contact lenses for
26 refractive, cosmetic, or therapeutic purposes.
27 (6) Evaluates the need for, or prescribes, low
28 vision aids to partially sighted persons.
29 (7) Diagnoses or treats any ocular abnormality,
30 disease, or visual or muscular anomaly of the human eye
31 or visual system.
32 (8) Practices, or offers or attempts to practice,
33 optometry as defined in this Act either on his or her own
34 behalf or as an employee of a person, firm, or
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1 corporation, whether under the supervision of his or her
2 employer or not.
3 Nothing in this Section shall be interpreted to prevent a
4 person from functioning as an assistant under the direct
5 supervision of a person licensed by the State of Illinois to
6 practice optometry or medicine in all of its branches, or to
7 prohibit visual screening programs conducted by charitable
8 organizations acting in the public welfare under the
9 supervision of a committee composed of persons licensed by
10 the State of Illinois to practice optometry or persons
11 licensed by the State of Illinois to practice medicine in all
12 of its branches.
13 (b) When, in the course of providing optometric services
14 to any person, an optometrist licensed under this Act finds
15 an indication of a disease or condition of the eye which in
16 his or her professional judgment requires professional
17 service outside the scope of practice as defined in this Act,
18 he or she shall refer such person to a physician licensed to
19 practice medicine in all of its branches, or other
20 appropriate health care practitioner. Nothing in this Act
21 shall preclude an optometrist who is therapeutically
22 certified from rendering appropriate nonsurgical ophthalmic
23 emergency care.
24 (c) Nothing contained in this Section shall prohibit a
25 person from manufacturing ophthalmic opthalmic lenses and
26 prisms or the fabrication of contact lenses according to the
27 specifications prescribed by an optometrist or a physician
28 licensed to practice medicine in all of its branches, but
29 shall specifically prohibit the sale or delivery of
30 ophthalmic opthalmic lenses, prisms, and contact lenses
31 without a prescription signed by an optometrist or a
32 physician licensed to practice medicine in all of its
33 branches.
34 (d) Nothing in this Act shall restrict the filling of a
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1 prescription by a pharmacist licensed under the Pharmacy
2 Practice Act of 1987.
3 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97;
4 revised 7-7-97.)
5 (225 ILCS 80/24) (from Ch. 111, par. 3924)
6 Sec. 24. Grounds for disciplinary action.
7 (a) The Department may refuse to issue or to renew, or
8 may revoke, suspend, place on probation, reprimand or take
9 other disciplinary action as the Department may deem proper,
10 including fines not to exceed $5,000 for each violation, with
11 regard to any license or certificate for any one or
12 combination of the following causes:
13 (1) Violations of this Act, or of the rules
14 promulgated hereunder.
15 (2) Conviction of any crime under the laws of any
16 U.S. jurisdiction thereof that is a felony or that is a
17 misdemeanor of which an essential element is dishonesty,
18 or of any crime that is directly related to the practice
19 of the profession.
20 (3) Making any misrepresentation for the purpose of
21 obtaining a license or certificate.
22 (4) Professional incompetence or gross negligence
23 in the practice of optometry.
24 (5) Gross malpractice, prima facie evidence of
25 which may be a conviction or judgment of malpractice in
26 any court of competent jurisdiction.
27 (6) Aiding or assisting another person in violating
28 any provision of this Act or rules.
29 (7) Failing, within 60 days, to provide information
30 in response to a written request made by the Department
31 that has been sent by certified or registered mail to the
32 licensee's last known address.
33 (8) Engaging in dishonorable, unethical, or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public.
3 (9) Habitual or excessive use or addiction to
4 alcohol, narcotics, stimulants or any other chemical
5 agent or drug that results in the inability to practice
6 with reasonable judgment, skill, or safety.
7 (10) Discipline by another U.S. jurisdiction or
8 foreign nation, if at least one of the grounds for the
9 discipline is the same or substantially equivalent to
10 those set forth herein.
11 (11) Directly or indirectly giving to or receiving
12 from any person, firm, corporation, partnership, or
13 association any fee, commission, rebate, or other form of
14 compensation for any professional services not actually
15 or personally rendered. This shall not be deemed to
16 include (i) rent or other remunerations paid to an
17 individual, partnership, or corporation by an optometrist
18 for the lease, rental, or use of space, owned or
19 controlled, by the individual, partnership, corporation
20 or association, and (ii) the division of fees between an
21 optometrist and related professional service providers
22 with whom the optometrist practices in a professional
23 corporation organized under Section 3.6 of the
24 Professional Service Corporation Act.
25 (12) A finding by the Department that the licensee,
26 after having his or her license placed on probationary
27 status has violated the terms of probation.
28 (13) Abandonment of a patient.
29 (14) Willfully making or filing false records or
30 reports in his or her practice, including but not limited
31 to false records filed with State agencies or
32 departments.
33 (15) Willfully failing to report an instance of
34 suspected child abuse or neglect as required by the
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1 Abused and Neglected Child Reporting Act.
2 (16) Physical illness, including but not limited
3 to, deterioration through the aging process, or loss of
4 motor skill, mental illness, or disability that results
5 in the inability to practice the profession with
6 reasonable judgment, skill, or safety.
7 (17) Solicitation of professional services other
8 than permitted advertising.
9 (18) Failure to provide a patient with a copy of
10 his or her record or prescription upon the written
11 request of the patient.
12 (19) Conviction by any court of competent
13 jurisdiction, either within or without this State, of any
14 violation of any law governing the practice of optometry,
15 conviction in this or another State of any crime that is
16 a felony under the laws of this State or conviction of a
17 felony in a federal court, if the Department determines,
18 after investigation, that such person has not been
19 sufficiently rehabilitated to warrant the public trust.
20 (20) A finding that licensure has been applied for
21 or obtained by fraudulent means.
22 (21) Continued practice by a person knowingly
23 having an infectious or contagious disease.
24 (22) Being named as a perpetrator in an indicated
25 report by the Department of Children and Family Services
26 under the Abused and Neglected Child Reporting Act, and
27 upon proof by clear and convincing evidence that the
28 licensee has caused a child to be an abused child or a
29 neglected child as defined in the Abused and Neglected
30 Child Reporting Act.
31 (23) Practicing or attempting to practice under a
32 name other than the full name as shown on his or her
33 license.
34 (24) Immoral conduct in the commission of any act,
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1 such as sexual abuse, sexual misconduct or sexual
2 exploitation, related to the licensee's practice.
3 (25) Maintaining a professional relationship with
4 any person, firm, or corporation when the optometrist
5 knows, or should know, that such person, firm, or
6 corporation is violating this Act.
7 (26) Promotion of the sale of drugs, devices,
8 appliances or goods provided for a client or patient in
9 such manner as to exploit the patient or client for
10 financial gain of the licensee.
11 (27) Using the title "Doctor" or its abbreviation
12 without further qualifying that title or abbreviation
13 with the word "optometry" or "optometrist".
14 (28) Use by a licensed optometrist of the word
15 "infirmary", "hospital", "school", "university", in
16 English or any other language, in connection with the
17 place where optometry may be practiced or demonstrated.
18 (29) Continuance of an optometrist in the employ of
19 any person, firm or corporation, or as an assistant to
20 any optometrist or optometrists, directly or indirectly,
21 after his or her employer or superior has been found
22 guilty of violating or has been enjoined from violating
23 the laws of the State of Illinois relating to the
24 practice of optometry, when the employer or superior
25 persists in that violation.
26 (30) The performance of optometric service in
27 conjunction with a scheme or plan with another person,
28 firm or corporation known to be advertising in a manner
29 contrary to this Act or otherwise violating the laws of
30 the State of Illinois concerning the practice of
31 optometry.
32 (31) Failure to provide satisfactory proof of
33 having participated in approved continuing education
34 programs as determined by the Board and approved by the
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1 Director. Exceptions for extreme hardships are to be
2 defined by the rules of the Department.
3 (32) Willfully making or filing false records or
4 reports in the practice of optometry, including, but not
5 limited to false records to support claims against the
6 medical assistance program of the Department of Public
7 Aid under the Illinois Public Aid Code.
8 (33) Gross and willful overcharging for
9 professional services including filing false statements
10 for collection of fees for which services are not
11 rendered, including, but not limited to filing false
12 statements for collection of monies for services not
13 rendered from the medical assistance program of the
14 Department of Public Aid under the Illinois Public Aid
15 Code.
16 (34) In the absence of good reasons to the
17 contrary, failure to perform a minimum eye examination as
18 required by the rules of the Department.
19 (35) Violation of the Health Care Worker
20 Self-Referral Act.
21 The Department may refuse to issue or may suspend the
22 license or certificate of any person who fails to file a
23 return, or to pay the tax, penalty or interest shown in a
24 filed return, or to pay any final assessment of the tax,
25 penalty or interest, as required by any tax Act administered
26 by the Illinois Department of Revenue, until such time as the
27 requirements of any such tax Act are satisfied.
28 (a-5) In enforcing this Section, the Board upon a
29 showing of a possible violation, may compel any individual
30 licensed to practice under this Act, or who has applied for
31 licensure or certification pursuant to this Act, to submit to
32 a mental or physical examination, or both, as required by and
33 at the expense of the Department. The examining physicians
34 or clinical psychologists shall be those specifically
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1 designated by the Board. The Board or the Department may
2 order the examining physician or clinical psychologist to
3 present testimony concerning this mental or physical
4 examination of the licensee or applicant. No information
5 shall be excluded by reason of any common law or statutory
6 privilege relating to communications between the licensee or
7 applicant and the examining physician or clinical
8 psychologist. Eye examinations may be provided by a licensed
9 and certified therapeutic optometrist. The individual to be
10 examined may have, at his or her own expense, another
11 physician of his or her choice present during all aspects of
12 the examination. Failure of any individual to submit to a
13 mental or physical examination, when directed, shall be
14 grounds for suspension of a license until such time as the
15 individual submits to the examination if the Board finds,
16 after notice and hearing, that the refusal to submit to the
17 examination was without reasonable cause.
18 If the Board finds an individual unable to practice
19 because of the reasons set forth in this Section, the Board
20 shall require such individual to submit to care, counseling,
21 or treatment by physicians or clinical psychologists approved
22 or designated by the Board, as a condition, term, or
23 restriction for continued, reinstated, or renewed licensure
24 to practice, or in lieu of care, counseling, or treatment,
25 the Board may recommend to the Department to file a complaint
26 compliant to immediately suspend, revoke, or otherwise
27 discipline the license of the individual, or the Board may
28 recommend to the Department to file a complaint to suspend,
29 revoke, or otherwise discipline the license of the
30 individual. Any individual whose license was granted
31 pursuant to this Act, or continued, reinstated, renewed,
32 disciplined, or supervised, subject to such conditions,
33 terms, or restrictions, who shall fail to comply with such
34 conditions, terms, or restrictions, shall be referred to the
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1 Director for a determination as to whether the individual
2 shall have his or her license suspended immediately, pending
3 a hearing by the Board.
4 (b) The determination by a circuit court that a licensee
5 is subject to involuntary admission or judicial admission as
6 provided in the Mental Health and Developmental Disabilities
7 Code operates as an automatic suspension. The suspension
8 will end only upon a finding by a court that the patient is
9 no longer subject to involuntary admission or judicial
10 admission and issues an order so finding and discharging the
11 patient; and upon the recommendation of the Board to the
12 Director that the licensee be allowed to resume his or her
13 practice.
14 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98;
15 revised 12-23-97.)
16 Section 112. The Pharmacy Practice Act of 1987 is
17 amended by changing Sections 3, 4, and 33 as follows:
18 (225 ILCS 85/3) (from Ch. 111, par. 4123)
19 Sec. 3. Definitions. For the purpose of this Act, except
20 where otherwise limited therein:
21 (a) "Pharmacy" or "drugstore" means and includes every
22 store, shop, pharmacy department, or other place where
23 pharmaceutical care is provided by a pharmacist (1) where
24 drugs, medicines, or poisons are dispensed, sold or offered
25 for sale at retail, or displayed for sale at retail; or (2)
26 where prescriptions of physicians, dentists, veterinarians,
27 podiatrists, or therapeutically certified optometrists,
28 within the limits of their licenses, are compounded, filled,
29 or dispensed; or (3) which has upon it or displayed within
30 it, or affixed to or used in connection with it, a sign
31 bearing the word or words "Pharmacist", "Druggist",
32 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
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1 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
2 any word or words of similar or like import, either in the
3 English language or any other language; or (4) where the
4 characteristic prescription sign (Rx) or similar design is
5 exhibited; or (5) any store, or shop, or other place with
6 respect to which any of the above words, objects, signs or
7 designs are used in any advertisement.
8 (b) "Drugs" means and includes (l) articles recognized
9 in the official United States Pharmacopoeia/National
10 Formulary (USP/NF), or any supplement thereto and being
11 intended for and having for their main use the diagnosis,
12 cure, mitigation, treatment or prevention of disease in man
13 or other animals, as approved by the United States Food and
14 Drug Administration, but does not include devices or their
15 components, parts, or accessories; and (2) all other articles
16 intended for and having for their main use the diagnosis,
17 cure, mitigation, treatment or prevention of disease in man
18 or other animals, as approved by the United States Food and
19 Drug Administration, but does not include devices or their
20 components, parts, or accessories; and (3) articles (other
21 than food) having for their main use and intended to affect
22 the structure or any function of the body of man or other
23 animals; and (4) articles having for their main use and
24 intended for use as a component or any articles specified in
25 clause (l), (2) or (3); but does not include devices or their
26 components, parts or accessories.
27 (c) "Medicines" means and includes all drugs intended
28 for human or veterinary use approved by the United States
29 Food and Drug Administration.
30 (d) "Practice of pharmacy" means the provision of
31 pharmaceutical care to patients as determined by the
32 pharmacist's professional judgment in the following areas,
33 which may include but are not limited to (1) patient
34 counseling, (2) interpretation and assisting in the
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1 monitoring of appropriate drug use and prospective drug
2 utilization review, (3) providing information on the
3 therapeutic values, reactions, drug interactions, side
4 effects, uses, selection of medications and medical devices,
5 and outcome of drug therapy, (4) participation in drug
6 selection, drug monitoring, drug utilization review,
7 evaluation, administration, interpretation, application of
8 pharmacokinetic and laboratory data to design safe and
9 effective drug regimens, (5) drug research (clinical and
10 scientific), and (6) compounding and dispensing of drugs and
11 medical devices.
12 (e) "Prescription" means and includes any written, oral,
13 facsimile, or electronically transmitted order for drugs or
14 medical devices, issued by a physician licensed to practice
15 medicine in all its branches, dentist, veterinarian, or
16 podiatrist, or therapeutically certified optometrist, within
17 the limits of their licenses, or by a physician assistant in
18 accordance with subsection (f) of Section 4, containing the
19 following: (l) name of the patient; (2) date when
20 prescription was issued; (3) name and strength of drug or
21 description of the medical device prescribed; and (4)
22 quantity, (5) directions for use, (6) prescriber's name,
23 address and signature, and (7) DEA number where required, for
24 controlled substances. DEA numbers shall not be required on
25 inpatient drug orders.
26 (f) "Person" means and includes a natural person,
27 copartnership, association, corporation, government entity,
28 or any other legal entity.
29 (g) "Department" means the Department of Professional
30 Regulation.
31 (h) "Board of Pharmacy" or "Board" means the State Board
32 of Pharmacy of the Department of Professional Regulation.
33 (i) "Director" means the Director of Professional
34 Regulation.
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1 (j) "Drug product selection" means the interchange for a
2 prescribed pharmaceutical product in accordance with Section
3 25 of this Act and Section 3.14 of the Illinois Food, Drug
4 and Cosmetic Act.
5 (k) "Inpatient drug order" means an order issued by an
6 authorized prescriber for a resident or patient of a facility
7 licensed under the Nursing Home Care Act or the Hospital
8 Licensing Act, or "An Act in relation to the founding and
9 operation of the University of Illinois Hospital and the
10 conduct of University of Illinois health care programs",
11 approved July 3, 1931, as amended, or a facility which is
12 operated by the Department of Human Services (as successor to
13 the Department of Mental Health and Developmental
14 Disabilities) or the Department of Corrections.
15 (k-5) "Pharmacist" means an individual currently
16 licensed by this State to engage in the practice of pharmacy.
17 (l) "Pharmacist in charge" means the licensed pharmacist
18 whose name appears on a pharmacy license who is responsible
19 for all aspects of the operation related to the practice of
20 pharmacy.
21 (m) "Dispense" means the delivery of drugs and medical
22 devices, in accordance with applicable State and federal laws
23 and regulations, to the patient or the patient's
24 representative authorized to receive these products,
25 including the compounding, packaging, and labeling necessary
26 for delivery, and any recommending or advising concerning the
27 contents and therapeutic values and uses thereof. "Dispense"
28 does not mean the physical delivery to a patient or a
29 patient's representative in a home or institution by a
30 designee of a pharmacist or by common carrier. "Dispense"
31 also does not mean the physical delivery of a drug or medical
32 device to a patient or patient's representative by a
33 pharmacist's designee within a pharmacy or drugstore while
34 the pharmacist is on duty and the pharmacy is open.
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1 (n) "Mail-order pharmacy" means a pharmacy that is
2 located in a state of the United States, other than Illinois,
3 that delivers, dispenses or distributes, through the United
4 States Postal Service or other common carrier, to Illinois
5 residents, any substance which requires a prescription.
6 (o) "Compounding" means the preparation, mixing,
7 assembling, packaging, or labeling of a drug or medical
8 device: (1) as the result of a practitioner's prescription
9 drug order or initiative that is dispensed pursuant to a
10 prescription in the course of professional practice; or (2)
11 for the purpose of, or incident to, research, teaching, or
12 chemical analysis; or (3) in anticipation of prescription
13 drug orders based on routine, regularly observed prescribing
14 patterns.
15 (p) "Confidential information" means information,
16 maintained by the pharmacist in the patient's records,
17 released only (i) to the patient or, as the patient directs,
18 to other practitioners and other pharmacists or (ii) to any
19 other person authorized by law to receive the information.
20 (q) "Prospective drug review" or "drug utilization
21 evaluation" means a screening for potential drug therapy
22 problems due to therapeutic duplication, drug-disease
23 contraindications, drug-drug interactions (including serious
24 interactions with nonprescription or over-the-counter drugs),
25 drug-food interactions, incorrect drug dosage or duration of
26 drug treatment, drug-allergy interactions, and clinical abuse
27 or misuse.
28 (r) "Patient counseling" means the communication between
29 a pharmacist or a student pharmacist under the direct
30 supervision of a pharmacist and a patient or the patient's
31 representative about the patient's medication or device for
32 the purpose of optimizing proper use of prescription
33 medications or devices. The offer to counsel by the
34 pharmacist or the pharmacist's designee, and subsequent
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1 patient counseling by the pharmacist or student pharmacist,
2 shall be made in a face-to-face communication with the
3 patient or patient's representative unless, in the
4 professional judgment of the pharmacist, a face-to-face
5 communication is deemed inappropriate or unnecessary. In
6 that instance, the offer to counsel or patient counseling may
7 be made in a written communication, by telephone, or in a
8 manner determined by the pharmacist to be appropriate.
9 (s) "Patient profiles" or "patient drug therapy record"
10 means the obtaining, recording, and maintenance of patient
11 prescription and personal information.
12 (t) "Pharmaceutical care" includes, but is not limited
13 to, the act of monitoring drug use and other patient care
14 services intended to achieve outcomes that improve the
15 patient's quality of life but shall not include the sale of
16 over-the-counter drugs by a seller of goods and services who
17 does not dispense prescription drugs.
18 (u) "Medical device" means an instrument, apparatus,
19 implement, machine, contrivance, implant, in vitro reagent,
20 or other similar or related article, including any component
21 part or accessory, required under federal law to bear the
22 label "Caution: Federal law requires dispensing by or on the
23 order of a physician". A seller of goods and services who,
24 only for the purpose of retail sales, compounds, sells,
25 rents, or leases medical devices shall not, by reasons
26 thereof, be required to be a licensed pharmacy.
27 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
28 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
29 (225 ILCS 85/4) (from Ch. 111, par. 4124)
30 Sec. 4. Exemptions. Nothing contained in any Section of
31 this Act shall apply to, or in any manner interfere with:
32 (a) the lawful practice of any physician licensed to
33 practice medicine in all of its branches, dentist,
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1 podiatrist, veterinarian, or therapeutically or
2 diagnostically certified optometrist within the limits of his
3 or her license, or prevent him or her from supplying to his
4 or her bona fide patients such drugs, medicines, or poisons
5 as may seem to him appropriate;
6 (b) the sale of compressed gases;
7 (c) the sale of patent or proprietary medicines and
8 household remedies when sold in original and unbroken
9 packages only, if such patent or proprietary medicines and
10 household remedies be properly and adequately labeled as to
11 content and usage and generally considered and accepted as
12 harmless and nonpoisonous when used according to the
13 directions on the label, and also do not contain opium or
14 coca leaves, or any compound, salt or derivative thereof, or
15 any drug which, according to the latest editions of the
16 following authoritative pharmaceutical treatises and
17 standards, namely, The United States Pharmacopoeia/National
18 Formulary (USP/NF), the United States Dispensatory, and the
19 Accepted Dental Remedies of the Council of Dental
20 Therapeutics of the American Dental Association or any or
21 either of them, in use on the effective date of this Act, or
22 according to the existing provisions of the Federal Food,
23 Drug, and Cosmetic Act and Regulations of the Department of
24 Health and Human Services, Food and Drug Administration,
25 promulgated thereunder now in effect, is designated,
26 described or considered as a narcotic, hypnotic, habit
27 forming, dangerous, or poisonous drug;
28 (d) the sale of poultry and livestock remedies in
29 original and unbroken packages only, labeled for poultry and
30 livestock medication; and
31 (e) the sale of poisonous substances or mixture of
32 poisonous substances, in unbroken packages, for nonmedicinal
33 use in the arts or industries or for insecticide purposes;
34 provided, they are properly and adequately labeled as to
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1 content and such nonmedicinal usage, in conformity with the
2 provisions of all applicable federal, state and local laws
3 and regulations promulgated thereunder now in effect relating
4 thereto and governing the same, and those which are required
5 under such applicable laws and regulations to be labeled with
6 the word "Poison", are also labeled with the word "Poison"
7 printed thereon in prominent type and the name of a readily
8 obtainable antidote with directions for its administration;
9 and
10 (f) the delegation of limited prescriptive authority by
11 a physician licensed to practice medicine in all its branches
12 to a physician assistant under Section 7.5 of the Physician
13 Assistant Practice Act of 1987. This delegated authority may
14 but is not required to include prescription of Schedule III,
15 IV, or V controlled substances, as defined in Article II of
16 the Illinois Controlled Substances Act, in accordance with
17 written guidelines under Section 7.5 of the Physician
18 Assistant Practice Act of 1987.
19 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
20 revised 8-5-97.)
21 (225 ILCS 85/33) (from Ch. 111, par. 4153)
22 Sec. 33. The Director of the Department may, upon
23 receipt of a written communication from the Secretary of
24 Human Services, the Director of Public Aid, or the Director
25 of Public Health that continuation of practice of a person
26 licensed or registered under this Act constitutes an
27 immediate danger to the public, immediately suspend the
28 license or registration of such person without a hearing. In
29 instances in which the Director immediately suspends a
30 license or registration under this Act Action, a hearing upon
31 such person's license must be convened by the Board within 15
32 days after such suspension and completed without appreciable
33 delay, such hearing held to determine whether to recommend to
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1 the Director that the person's license be revoked, suspended,
2 placed on probationary status or reinstated, or such person
3 be subject to other disciplinary action. In such hearing,
4 the written communication and any other evidence submitted
5 therewith may be introduced as evidence against such person;
6 provided however, the person, or his counsel, shall have the
7 opportunity to discredit or impeach such evidence and submit
8 evidence rebutting same.
9 (Source: P.A. 89-507, eff. 7-1-97; revised 12-18-97.)
10 Section 113. The Illinois Physical Therapy Act is
11 amended by changing Section 23 as follows:
12 (225 ILCS 90/23) (from Ch. 111, par. 4273)
13 Sec. 23. Rehearing. In any case involving the refusal
14 to issue, renew or discipline of a license, a copy of the
15 Committee's report shall be served upon the respondent by the
16 Department, either personally or as provided in this Act for
17 the service of the notice of hearing. Within 20 days after
18 such service, the respondent may present to the Department a
19 motion in writing for a rehearing, which motion shall specify
20 the particular grounds therefor. If no motion for rehearing
21 is filed, then upon the expiration of the time specified for
22 filing such a motion, or if a motion for rehearing is denied,
23 then upon such denial the Director may enter an order in
24 accordance with recommendations of the Committee except as
25 provided in Section 22 16.6 of this Act. If the respondent
26 shall order from the reporting service, and pay for a
27 transcript of the record within the time for filing a motion
28 for rehearing, the 20 day period within which such a motion
29 may be filed shall commence upon the delivery of the
30 transcript to the respondent.
31 (Source: P.A. 84-595; revised 12-23-97.)
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1 Section 114. The Physician Assistant Practice Act of
2 1987 is amended by changing Sections 6 and 21 as follows:
3 (225 ILCS 95/6) (from Ch. 111, par. 4606)
4 Sec. 6. Title; Designation; billing. No physician
5 assistant shall use the title of doctor or associate with his
6 or her name or any other term that would indicate to other
7 persons that he or she is qualified to engage in the general
8 practice of medicine.
9 A physician assistant shall not be allowed to bill
10 patients or in any way to charge for services. Nothing in
11 this Act, however, shall be so construed as to prevent the
12 employer of a physician assistant from charging for services
13 rendered by the physician assistant. Payment for services
14 rendered by a physician assistant shall be made to his or her
15 employer if the payor would have made payment had the
16 services been provided by a physician licensed to practice
17 medicine in all its branches.
18 The supervising physician shall file with the Department
19 notice of employment, discharge, or supervisory control of a
20 physician assistant at the time of employment, discharge, or
21 assumption of supervisory control of a physician assistant.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
23 revised 8-12-97.)
24 (225 ILCS 95/21) (from Ch. 111, par. 4621)
25 Sec. 21. Grounds for disciplinary action Discipline.
26 (a) The Department may refuse to issue or to renew, or
27 may revoke, suspend, place on probation, censure or
28 reprimand, or take other disciplinary action with regard to
29 any license issued under this Act as the Department may deem
30 proper, including the issuance of fines not to exceed $5000
31 for each violation, for any one or combination of the
32 following causes:
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1 (1) Material misstatement in furnishing information
2 to the Department.
3 (2) Violations of this Act, or the rules adopted
4 under this Act.
5 (3) Conviction of any crime under the laws of any
6 U.S. jurisdiction that is a felony or that is a
7 misdemeanor, an essential element of which is dishonesty,
8 or of any crime which is directly related to the practice
9 of the profession.
10 (4) Making any misrepresentation for the purpose of
11 obtaining licenses.
12 (5) Professional incompetence.
13 (6) Aiding or assisting another person in violating
14 any provision of this Act or its rules.
15 (7) Failing, within 60 days, to provide information
16 in response to a written request made by the Department.
17 (8) Engaging in dishonorable, unethical, or
18 unprofessional conduct, as defined by rule, of a
19 character likely to deceive, defraud, or harm the public.
20 (9) Habitual or excessive use or addiction to
21 alcohol, narcotics, stimulants, or any other chemical
22 agent or drug that results in a physician assistant's
23 inability to practice with reasonable judgment, skill, or
24 safety.
25 (10) Discipline by another U.S. jurisdiction or
26 foreign nation, if at least one of the grounds for
27 discipline is the same or substantially equivalent to
28 those set forth in this Section.
29 (11) Directly or indirectly giving to or receiving
30 from any person, firm, corporation, partnership, or
31 association any fee, commission, rebate or other form of
32 compensation for any professional services not actually
33 or personally rendered.
34 (12) A finding by the Disciplinary Board that the
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1 licensee, after having his or her license placed on
2 probationary status has violated the terms of probation.
3 (13) Abandonment of a patient.
4 (14) Willfully making or filing false records or
5 reports in his or her practice, including but not limited
6 to false records filed with state agencies or
7 departments.
8 (15) Willfully failing to report an instance of
9 suspected child abuse or neglect as required by the
10 Abused and Neglected Child Reporting Act.
11 (16) Physical illness, including but not limited
12 to, deterioration through the aging process, or loss of
13 motor skill, mental illness, or disability that results
14 in the inability to practice the profession with
15 reasonable judgment, skill or safety.
16 (17) Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 under the Abused and Neglected Child Reporting Act, and
19 upon proof by clear and convincing evidence that the
20 licensee has caused a child to be an abused child or
21 neglected child as defined in the Abused and Neglected
22 Child Reporting Act.
23 (18) Conviction in this State or another state of
24 any crime that is a felony under the laws of this State,
25 or conviction of a felony in a federal court.
26 (19) Gross malpractice resulting in permanent
27 injury or death of a patient.
28 (20) Employment of fraud, deception or any unlawful
29 means in applying for or securing a license as a
30 physician assistant.
31 (21) Exceeding the authority delegated to him or
32 her by his or her supervising physician in guidelines
33 established by the physician/physician assistant team.
34 (22) Immoral conduct in the commission of any act,
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1 such as sexual abuse, sexual misconduct or sexual
2 exploitation related to the licensee's practice.
3 (23) Violation of the Health Care Worker
4 Self-Referral Act.
5 (24) Practicing under a false or assumed name,
6 except as provided by law.
7 (25) Making a false or misleading statement
8 regarding his or her skill or the efficacy or value of
9 the medicine, treatment, or remedy prescribed by him or
10 her in the course of treatment.
11 (26) Allowing another person to use his or her
12 license to practice.
13 (27) Prescribing, selling, administering,
14 distributing, giving, or self-administering a drug
15 classified as a controlled substance (designated product)
16 or narcotic for other than medically-accepted therapeutic
17 purposes.
18 (28) Promotion of the sale of drugs, devices,
19 appliances, or goods provided for a patient in a manner
20 to exploit the patient for financial gain.
21 (29) A pattern of practice or other behavior that
22 demonstrates incapacity or incompetence to practice under
23 this Act.
24 (30) Violating State or federal laws or regulations
25 relating to controlled substances.
26 (31) Exceeding the limited prescriptive authority
27 delegated by the supervising physician or violating the
28 written guidelines delegating that authority.
29 (32) Practicing without providing to the Department
30 a notice of supervision or delegation of prescriptive
31 authority.
32 (b) The Department may refuse to issue or may suspend
33 the license of any person who fails to file a return, or to
34 pay the tax, penalty or interest shown in a filed return, or
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1 to pay any final assessment of the tax, penalty, or interest
2 as required by any tax Act administered by the Illinois
3 Department of Revenue, until such time as the requirements of
4 any such tax Act are satisfied.
5 (c) The determination by a circuit court that a licensee
6 is subject to involuntary admission or judicial admission as
7 provided in the Mental Health and Developmental Disabilities
8 Code operates as an automatic suspension. The suspension will
9 end only upon a finding by a court that the patient is no
10 longer subject to involuntary admission or judicial admission
11 and issues an order so finding and discharging the patient,
12 and upon the recommendation of the Disciplinary Board to the
13 Director that the licensee be allowed to resume his or her
14 practice.
15 (d) In enforcing this Section, the Department upon a
16 showing of a possible violation may compel an individual
17 licensed to practice under this Act, or who has applied for
18 licensure under this Act, to submit to a mental or physical
19 examination, or both, as required by and at the expense of
20 the Department. The Department may order the examining
21 physician to present testimony concerning the mental or
22 physical examination of the licensee or applicant. No
23 information shall be excluded by reason of any common law or
24 statutory privilege relating to communications between the
25 licensee or applicant and the examining physician. The
26 examining physicians shall be specifically designated by the
27 Department. The individual to be examined may have, at his or
28 her own expense, another physician of his or her choice
29 present during all aspects of this examination. Failure of
30 an individual to submit to a mental or physical examination,
31 when directed, shall be grounds for suspension of his or her
32 license until the individual submits to the examination if
33 the Department finds, after notice and hearing, that the
34 refusal to submit to the examination was without reasonable
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1 cause.
2 If the Department finds an individual unable to practice
3 because of the reasons set forth in this Section, the
4 Department may require that individual to submit to care,
5 counseling, or treatment by physicians approved or designated
6 by the Department, as a condition, term, or restriction for
7 continued, reinstated, or renewed licensure to practice; or,
8 in lieu of care, counseling, or treatment, the Department may
9 file a complaint to immediately suspend, revoke, or otherwise
10 discipline the license of the individual. An individual whose
11 license was granted, continued, reinstated, renewed,
12 disciplined, or supervised subject to such terms, conditions,
13 or restrictions, and who fails to comply with such terms,
14 conditions, or restrictions, shall be referred to the
15 Director for a determination as to whether the individual
16 shall have his or her license suspended immediately, pending
17 a hearing by the Department.
18 In instances in which the Director immediately suspends a
19 person's license under this Section, a hearing on that
20 person's license must be convened by the Department within 15
21 days after the suspension and completed without appreciable
22 delay. The Department shall have the authority to review the
23 subject individual's record of treatment and counseling
24 regarding the impairment to the extent permitted by
25 applicable federal statutes and regulations safeguarding the
26 confidentiality of medical records.
27 An individual licensed under this Act and affected under
28 this Section shall be afforded an opportunity to demonstrate
29 to the Department that he or she can resume practice in
30 compliance with acceptable and prevailing standards under the
31 provisions of his or her license.
32 (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
33 revised 8-12-97.)
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1 Section 115. The Professional Boxing and Wrestling Act
2 is amended by changing Section 11 as follows:
3 (225 ILCS 105/11) (from Ch. 111, par. 5011)
4 Sec. 11. The Department shall grant licenses to the
5 following persons if the following qualifications are met:
6 (A) An applicant for licensure as a contestant in a
7 boxing match must: (1) be 18 years old, except when the
8 applicant has exhibited unusual maturity or ability, (2) be
9 of good moral character, (3) file an application stating the
10 applicant's correct name, (and no assumed or ring name may be
11 used unless such name is registered with the Department along
12 with the applicant's correct name), date and place of birth,
13 place of current residence, and a sworn statement that he is
14 not currently in violation of any federal, State or local
15 laws or rules governing boxing, (4) file a certificate of a
16 physician licensed to practice medicine in all of its
17 branches which attests that the applicant is physically fit
18 and qualified to participate in boxing matches, and (5) pay
19 the required fee.
20 (B) An applicant for licensure as a boxing promoter,
21 referee, judge, manager, trainer or timekeeper must: (1) be
22 of good moral character, (2) file an application stating the
23 applicant's name, date and place of birth, and place of
24 current residence along with a sworn statement that he is not
25 currently in violation of any federal, State or local laws or
26 rules governing boxing, (3) have had satisfactory experience
27 in his field, and (4) pay the required fee. An applicant for
28 licensure as a referee, manager or trainer must also file
29 proof that he has participated in medical seminars pertaining
30 to boxing contests, the curriculum and number of hours of
31 which the Department by rule deems sufficient.
32 (C) An applicant for registration as a wrestling
33 promoter must: (1) be of good moral character, (2) file an
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1 application with the Department stating the applicant's name,
2 date and place of birth, and place of current residence
3 resident along with a sworn statement that he is not
4 currently in violation of any federal, State or local laws or
5 rules governing wrestling, and (3) pay the required fee.
6 In determining good moral character, the Department may
7 take into consideration any felony conviction of the
8 applicant, but such a conviction shall not operate as a bar
9 to licensure. No license issued under this Act is
10 transferable.
11 (Source: P.A. 83-398; revised 12-18-97.)
12 Section 116. The Respiratory Care Practice Act is
13 amended by changing Section 95 as follows:
14 (225 ILCS 106/95)
15 Sec. 95. Grounds for discipline.
16 (a) The Department may refuse to issue, renew, or may
17 revoke, suspend, place on probation, reprimand, or take other
18 disciplinary action as the Department considers appropriate,
19 including the issuance of fines not to exceed $5,000 for each
20 violation, with regard to any license for any one or more of
21 the following:
22 (1) Material misstatement in furnishing information
23 to the Department or to any other State or federal
24 agency.
25 (2) Violations of this Act, or any of its rules.
26 (3) Conviction of any crime under the laws of the
27 United States or any state or territory thereof that is a
28 felony or a misdemeanor, an essential element of which is
29 dishonesty, or of any crime that is directly related to
30 the practice of the profession.
31 (4) Making any misrepresentation for the purpose of
32 obtaining a license.
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1 (5) Professional incompetence or negligence in the
2 rendering of respiratory care services.
3 (6) Malpractice.
4 (7) Aiding or assisting another person in violating
5 any rules or provisions of this Act.
6 (8) Failing to provide information within 60 days
7 in response to a written request made by the Department.
8 (9) Engaging in dishonorable, unethical, or
9 unprofessional conduct of a character likely to deceive,
10 defraud, or harm the public.
11 (10) Violating the rules of professional conduct
12 adopted by the Department.
13 (11) Discipline by another jurisdiction, if at
14 least one of the grounds for the discipline is the same
15 or substantially equivalent to those set forth in this
16 Act.
17 (12) Directly or indirectly giving to or receiving
18 from any person, firm, corporation, partnership, or
19 association any fee, commission, rebate, or other form of
20 compensation for any professional services not actually
21 rendered.
22 (13) A finding by the Department that the licensee,
23 after having the license placed on probationary status,
24 has violated the terms of the probation.
25 (14) Abandonment of a patient.
26 (15) Willfully filing false reports relating to a
27 licensee's practice including, but not limited to, false
28 records filed with a federal or State agency or
29 department.
30 (16) Willfully failing to report an instance of
31 suspected child abuse or neglect as required by the
32 Abused and Neglected Child Reporting Act.
33 (17) Providing respiratory care, other than
34 pursuant to the prescription of a licensed physician.
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1 (18) Physical or mental disability including, but
2 not limited to, deterioration through the aging process
3 or loss of motor skills that results in the inability to
4 practice the profession with reasonable judgment, skill,
5 or safety.
6 (19) Solicitation of professional services by using
7 false or misleading advertising.
8 (20) Failure to file a tax return, or to pay the
9 tax, penalty, or interest shown in a filed return, or to
10 pay any final assessment of tax penalty, or interest, as
11 required by any tax Act administered by the Illinois
12 Department of Revenue or of any successor agency or the
13 Internal Revenue Service or any successor agency.
14 (21) Irregularities in billing a third party for
15 services rendered or in reporting charges for services
16 not rendered.
17 (22) Being named as a perpetrator in an indicated
18 report by the Department of Children and Family Services
19 under the Abused and Neglected Child Reporting Act, and
20 upon proof by clear and convincing evidence that the
21 licensee has caused a child to be an abused child or
22 neglected child as defined in the Abused and Neglected
23 Child Reporting Act.
24 (23) Habitual or excessive use or addiction to
25 alcohol, narcotics, stimulants, or any other chemical
26 agent or drug that results in an inability to practice
27 with reasonable skill, judgment, or safety.
28 (b) The determination by a court that a licensee is
29 subject to involuntary admission or judicial admission as
30 provided in the Mental Health and Developmental Disabilities
31 Code will result in an automatic suspension of his or her
32 license. The suspension will end upon a finding by a court
33 that the licensee is no longer subject to involuntary
34 admission or judicial admission, the issuance of an order so
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1 finding and discharging the patient, and the recommendation
2 of the Board to the Director that the licensee be allowed to
3 resume his or her practice.
4 (Source: P.A. 89-33, eff. 1-1-96; revised 12-18-97.)
5 Section 117. The Veterinary Medicine and Surgery
6 Practice Act of 1994 is amended by changing Sections 3, 11,
7 and 26 as follows:
8 (225 ILCS 115/3) (from Ch. 111, par. 7003)
9 Sec. 3. Definitions; unlicensed practice prohibited.
10 (a) The following terms have the meanings indicated,
11 unless the context requires otherwise:
12 (A) "Department" means the Department of Professional
13 Regulation.
14 (B) "Board" means the Veterinary Licensing and
15 Disciplinary Board.
16 (C) "Director" means the Director of the Department of
17 Professional Regulation.
18 (D) "Veterinarian" means a person holding the degree of
19 Doctor of Veterinary Medicine and Surgery and licensed under
20 this Act.
21 (E) The practice of veterinary medicine and surgery
22 occurs when a person:
23 (1) Directly or indirectly diagnoses, prognoses,
24 treats, administers to, prescribes for, operates on,
25 manipulates or applies any apparatus or appliance for any
26 disease, pain, deformity, defect, injury, wound or
27 physical or mental condition of any animal or bird or for
28 the prevention of, or to test for the presence of any
29 disease of any animal or bird. The practice of
30 veterinary medicine and surgery includes veterinarian
31 dentistry.
32 (2) Represents himself or herself oneself as
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1 engaged in the practice of veterinary medicine and
2 surgery as defined in paragraph (1) of this subsection,
3 or uses any words, letters or titles in such connection
4 and under such circumstances as to induce the belief that
5 the person using them is engaged in the practice of
6 veterinary medicine and surgery in any of its branches,
7 or that such person is a Doctor of Veterinary Medicine.
8 (F) "Animal" means any bird, fish, reptile, or mammal
9 other than man.
10 (G) "Veterinarian client - patient relationship" means:
11 (1) The veterinarian has assumed the responsibility
12 for making medical judgments regarding the health of an
13 animal and the need for medical treatment and the client,
14 owner, or other caretaker has agreed to follow the
15 instructions of the veterinarian.
16 (2) There is sufficient knowledge of an animal by
17 the veterinarian to initiate at least a general or
18 preliminary diagnosis of the medical condition of the
19 animal. This means that the veterinarian has recently
20 seen and is personally acquainted with the keeping and
21 care of the animal by virtue virture of an examination of
22 the animal or by medically appropriate and timely visits
23 to the premises where the animal is kept.
24 (3) The practicing veterinarian is readily
25 available for follow-up in case of adverse reactions or
26 failure of the regimen of therapy.
27 (b) Subject to the exemptions in Section 4 of this Act,
28 no person shall practice veterinary medicine and surgery in
29 any of its branches without a valid license to do so.
30 (Source: P.A. 88-424; revised 7-7-97.)
31 (225 ILCS 115/11) (from Ch. 111, par. 7011)
32 Sec. 11. Temporary permits. A person holding the degree
33 of Doctor of Veterinary Medicine, or its equivalent, from an
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1 approved veterinary program, and who has applied in writing
2 to the Department for a license to practice veterinary
3 medicine and surgery in any of its branches, and who has
4 fulfilled the requirements of Section 8 of this Act, with the
5 exception of receipt of notification of his or her
6 examination results, may receive, at the discretion of the
7 Department, a temporary permit to practice under a specified
8 veterinarian who is licensed in this State, until: (1) the
9 applicant has been notified of the results of the examination
10 authorized by the Department; or (2) the applicant has
11 withdrawn his or her application.
12 A temporary permit may be issued by the Department to a
13 person who is a veterinarian licensed under the laws of
14 another state, a territory of the United States, or a foreign
15 country, upon application in writing to the Department for a
16 license under this Act if he or she her is qualified to
17 receive a license and until: (1) the expiration of 6 months
18 after the filing of the written application, (2) the
19 withdrawal of the application or (3) the denial of the
20 application by the Department.
21 A temporary permit issued under this Section shall not be
22 extended or renewed. The holder of a temporary permit shall
23 perform only those acts that may be prescribed by and
24 incidental to his or her employment and that act shall be
25 performed under the direction of a specified licensed
26 veterinarian. He shall not be entitled to otherwise engage
27 in the practice of veterinary medicine until fully licensed
28 in this State.
29 Upon the revocation of a temporary permit the Department
30 shall immediately notify, by certified mail, the specified
31 veterinarian employing the holder of a temporary permit and
32 the holder of the permit. A temporary permit shall be
33 revoked by the Department upon proof that the holder of the
34 permit has engaged in the practice of veterinary medicine in
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1 this State outside his or her employment under a licensed
2 veterinarian.
3 (Source: P.A. 88-424; revised 12-18-97.)
4 (225 ILCS 115/26) (from Ch. 111, par. 7026)
5 Sec. 26. It is declared to be the public policy of this
6 State, pursuant to paragraphs (h) and (i) of Section 6 of
7 Article VII of the th Illinois Constitution of 1970, that any
8 power or function set forth in this Act to be exercised by
9 the State is an exclusive State power or function. Such power
10 or function shall not be exercised concurrently, either
11 directly or indirectly, by any unit of local government,
12 including home rule units, except as otherwise provided in
13 this Act.
14 (Source: P.A. 83-1016; revised 7-7-97.)
15 Section 118. The Fire Equipment Distributor and Employee
16 Regulation Act is amended by changing Section 17 as follows:
17 (225 ILCS 215/17) (from Ch. 111, par. 8017)
18 Sec. 17. Licensees subject to this Act shall conduct
19 their practice in accordance with this Act and with any rules
20 promulgated pursuant hereto. Licensees shall be subject to
21 the exercise of the disciplinary sanctions enumerated in
22 Section 19 if the State Fire Marshal finds that a licensee is
23 guilty of any of the following:
24 (1) fraud or material deception in obtaining or renewing
25 of a license;
26 (2) professional incompetence as manifested by poor
27 standards of service;
28 (3) engaging in dishonorable, unethical or
29 unprofessional conduct of a character likely to deceive,
30 defraud or harm the public in the course of professional
31 services or activities;
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1 (4) conviction of any crime by a licensee which has a
2 substantial relationship to his practice or an essential
3 element of which is misstatement, fraud or dishonesty, or
4 conviction in this or another state of any crime which is a
5 felony under the laws of Illinois or conviction of a felony
6 in a federal court, unless such person demonstrates that he
7 has been sufficiently rehabilitated to warrant the public
8 trust;
9 (5) performing any services in the grossly negligent
10 manner or permitting any of his licensed employees to perform
11 services in a grossly negligent manner, regardless of whether
12 actual damage or damages to the public is established;
13 (6) habitual drunkenness drunkeness or habitual
14 addiction to the use of morphine, cocaine, controlled
15 substances or other habit-forming drugs;
16 (7) directly or indirectly willfully receiving
17 compensation for any professional services not actually
18 rendered;
19 (8) having disciplinary action taken against his license
20 in another state;
21 (9) making differential treatment against any person to
22 his detriment because of race, color, creed, sex, religion or
23 national origin;
24 (10) engaging in unprofessional conduct;
25 (11) engaging in false or misleading advertising;
26 (12) contracting or assisting unlicensed persons to
27 perform services for which a license is required under this
28 Act;
29 (13) permitting the use of his license to enable any
30 unlicensed person or agency to operate as a licensee;
31 (14) performing and charging for services without having
32 authorization to do so from the member of the public being
33 served serviced;
34 (15) failure to comply with any provision of this Act or
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1 the rules promulgated pursuant thereto;
2 (16) conducting business regulated by this Act without a
3 currently valid license.
4 (Source: P.A. 85-1434; revised 7-7-97.)
5 Section 119. The Illinois Professional Land Surveyor Act
6 of 1989 is amended by changing Section 15 as follows:
7 (225 ILCS 330/15) (from Ch. 111, par. 3265)
8 Sec. 15. Seal. Every Professional Land Surveyor shall
9 have a reproducible reproducable seal or facsimile, the
10 impression of which shall contain the name of the land
11 surveyor, his place of business, the license number, and the
12 words "Professional Land Surveyor, State of Illinois". A
13 Professional Land Surveyor shall seal or stamp all documents
14 prepared by or under the direct supervision and control of
15 the Professional Land Surveyor. Any seal authorized or
16 approved by the Department under the Illinois Land Surveyors
17 Act shall serve the same purpose as the seal provided for by
18 this Act.
19 (Source: P.A. 86-987; revised 7-7-97.)
20 Section 120. The Child Protective Investigator and Child
21 Welfare Specialist Certification Act of 1987 is amended by
22 changing Section 9 as follows:
23 (225 ILCS 420/9) (from Ch. 111, par. 7659)
24 Sec. 9. (a) The Department may refuse to certify, or may
25 revoke, suspend, place on probation, censure, reprimand or
26 take other disciplinary action against a certification status
27 in accordance with grievance and due process procedures
28 applicable to existing collective bargaining agreements for
29 any of the following reasons:
30 (1) material misstatement in furnishing information to
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1 the Department;
2 (2) willfully violating this Act, or of the rules
3 promulgated thereunder;
4 (3) conviction of any crime under the laws of the United
5 States or any state or territory thereof which is a felony or
6 which is a misdemeanor, an essential element of which is
7 dishonesty, or of any crime which is directly related to the
8 duties of a child protective investigator or a child welfare
9 specialist;
10 (4) making any misrepresentation for the purpose of
11 obtaining certification;
12 (5) having demonstrated incompetence to act as a child
13 protective investigator or child welfare specialist in such a
14 manner as to endanger the safety of the public;
15 (6) willfully aiding or assisting another person in
16 violating any provisions of this Act or rules;
17 (7) engaging in unethical or unprofessional conduct of a
18 character likely to deceive, defraud or harm the public;
19 (8) willfully making or filing false records or reports
20 in the capacity of a child protective investigator or child
21 welfare specialist, including but not limited to false
22 records filed with the State agencies or department;
23 (9) physical or mental deterioration which results in
24 the inability to perform the duties of the profession with
25 reasonable judgment, skill or safety as determined by a
26 qualified physician;
27 (10) gross negligence;
28 (11) accepting commissions or rebates or other forms of
29 remuneration for referring persons to other professionals,
30 persons or institutions, during the course of duties.
31 (b) The determination by a circuit court that a
32 certified child protective investigator or child welfare
33 specialist is subject to involuntary admission or judicial
34 admission as provided in the Mental Health and Developmental
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1 Disabilities Code, as now or hereafter amended, operates as
2 an automatic suspension. Such suspension will end only upon a
3 release of the patient from form such involuntary admission
4 or judicial admission.
5 (Source: P.A. 85-206; revised 12-18-97.)
6 Section 121. The Illinois Public Accounting Act is
7 amended by changing Section 20.01 as follows:
8 (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
9 Sec. 20.01. Grounds for discipline.
10 (a) The Department may refuse to issue or renew, or may
11 revoke, suspend, or reprimand any license or licensee, place
12 a licensee on probation for a period of time subject to any
13 conditions the Committee may specify including requiring the
14 licensee to attend continuing education courses or to work
15 under the supervision of another licensee, impose a fine not
16 to exceed $5,000 for each violation, restrict the authorized
17 scope of practice, or require a licensee to undergo a peer
18 review program, for any one or more of the following:
19 (1) Violation of any provision of this Act.;
20 (2) Attempting to procure a license to practice
21 public accounting by bribery or fraudulent
22 misrepresentations.;
23 (3) Having a license to practice public accounting
24 revoked, suspended, or otherwise acted against, including
25 the denial of licensure, by the licensing authority of
26 another state, territory, or country. No disciplinary
27 action shall be taken in Illinois if the action taken in
28 another jurisdiction was based upon failure to meet the
29 continuing professional education requirements of that
30 jurisdiction and the applicable Illinois continuing
31 professional education requirements are met.;
32 (4) Being convicted or found guilty, regardless of
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1 adjudication, of a crime in any jurisdiction which
2 directly relates to the practice of public accounting or
3 the ability to practice public accounting.;
4 (5) Making or filing a report or record which the
5 registrant knows to be be false, willfully failing to
6 file a report or record required by state or federal law,
7 willfully impeding or obstructing the filing, or inducing
8 another person to impede or obstruct the filing. The
9 reports or records shall include only those that are
10 signed in the capacity of a public accountant.;
11 (6) Conviction in this or another State or the
12 District of Columbia, or any United States Territory, of
13 any crime that is punishable by one year or more in
14 prison or conviction of a crime in a federal court that
15 is punishable by one year or more in prison.;
16 (7) Proof that the licensee is guilty of fraud or
17 deceit, or of gross negligence, incompetency, or
18 misconduct, in the practice of public accounting.;
19 (8) Violation of any rule adopted under this Act.;
20 (9) Practicing on a revoked, suspended, or inactive
21 license.;
22 (10) Suspension or revocation of the right to
23 practice before any State.;
24 (11) Conviction of any crime under the laws of the
25 United States or any state or territory of the United
26 States that is a felony or misdemeanor and has dishonesty
27 as essential element, or of any crime that is directly
28 related to the practice of the profession.
29 (12) Making any misrepresentation for the purpose
30 of obtaining a license, or material misstatement in
31 furnishing information to the Department.
32 (13) Aiding or assisting another person in
33 violating any provision of this Act or rules promulgated
34 hereunder.
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1 (14) Engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud, or harm the public and violating the rules of
4 professional conduct adopted by the Department.
5 (15) Habitual or excessive use or addiction to
6 alcohol, narcotics, stimulants, or any other chemical
7 agent or drug that results in the inability to practice
8 with reasonable skill, judgment, or safety.
9 (16) Directly or indirectly giving to or receiving
10 from any person, firm, corporation, partnership, or
11 association any fee, commission, rebate, or other form of
12 compensation for any professional service not actually
13 rendered.
14 (17) Physical or mental disability, including
15 deterioration through the aging process or loss of
16 abilities and skills that results in the inability to
17 practice the profession with reasonable judgment, skill
18 or safety.
19 (18) Solicitation of professional services by using
20 false or misleading advertising.
21 (19) Failure to file a return, or pay the tax,
22 penalty or interest shown in a filed return, or to pay
23 any final assessment of tax, penalty or interest, as
24 required by any tax Act administered by the Illinois
25 Department of Revenue or any successor agency or the
26 Internal Revenue Service or any successor agency.
27 (20) Practicing or attempting to practice under a
28 name other than the full name as shown on the license or
29 any other legally authorized name.
30 (21) A finding by the Department that a licensee
31 has not complied with a provision of any lawful order
32 issued by the Department.
33 (22) Making a false statement to the Department
34 regarding compliance with continuing professional
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1 education requirements.
2 (23) Failing to make a substantive response to a
3 request for information by the Department within 30 days
4 of the request.
5 (b) (Blank).
6 (c) In rendering an order, the Director shall take into
7 consideration the facts and circumstances involving the type
8 of acts or omissions in subsection (a) including, but not
9 limited to:
10 (1) the extent to which public confidence in the
11 public accounting profession was, might have been, or may
12 be injured;
13 (2) the degree of trust and dependence among the
14 involved parties;
15 (3) the character and degree of financial or
16 economic harm which did or might have resulted; and
17 (4) the intent or mental state of the person
18 charged at the time of the acts or omissions.
19 (d) The Department shall reissue the license upon
20 certification by the Committee that the disciplined licensee
21 has complied with all of the terms and conditions set forth
22 in the final order.
23 (e) The Department shall deny any application for a
24 license or renewal, without hearing, to any person who has
25 defaulted on an educational loan guaranteed by the Illinois
26 Student Assistance Commission; however, the Department may
27 issue a license or renewal if the person in default has
28 established a satisfactory repayment record as determined by
29 the Illinois Student Assistance Commission.
30 (f) The determination by a court that a licensee is
31 subject to involuntary admission or judicial admission as
32 provided in the Mental Health and Developmental Disabilities
33 Code will result in the automatic suspension of his or her
34 license. The suspension will end upon a finding by a court
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1 that the licensee is no longer subject to involuntary
2 admission or judicial admission, the issuance of an order so
3 finding and discharging the patient, and the recommendation
4 of the Committee to the Director that the licensee be allowed
5 to resume professional practice.
6 (Source: P.A. 88-36; revised 7-7-97.)
7 Section 122. The Private Employment Agency Act is
8 amended by changing Section 5 as follows:
9 (225 ILCS 515/5) (from Ch. 111, par. 905)
10 Sec. 5. No such licensee shall charge a registration fee
11 without having first obtained a permit to charge such
12 registration fee from the Department of Labor. Any such
13 licensee desiring to charge a registration fee shall make
14 application in writing to the Department of Labor, and shall
15 set out in the application the type of applicants from whom
16 they intend to accept a registration fee, the amount of the
17 fee to be charged, and shall furnish any other information on
18 the subject that the Department of Labor may deem necessary
19 to enable it to determine whether the agency's business
20 methods and past record entitle the agency to a permit.
21 It is the duty of the Department of Labor to make an
22 investigation, upon receipt of the application, as to the
23 truthfulness of the application and the necessity of the
24 charge of a registration fee; and if it is shown that the
25 agency's method of doing business is of such a nature that a
26 permit to charge a registration fee is necessary, and that
27 the agency's record has been reasonable and fair, then the
28 Department of Labor shall grant a permit to such agency. Such
29 permit shall remain in force until revoked for cause. No
30 permit shall be granted until after 10 days from the date of
31 filing of the application.
32 When a permit is granted, such licensed person may charge
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1 a registration fee not to exceed $4. In all such cases a
2 complete record of all such registration fees and references
3 of applicants shall be kept on file, which record shall,
4 during all business hours, be open for the inspection of the
5 Department of Labor. It is the duty of such licensee to
6 communicate in writing with at least 2 of the persons
7 mentioned as reference by every applicant from whom a
8 registration fee is accepted. Failure on the part of a
9 licensee to make such investigation shall be deemed cause to
10 revoke the permit to charge a registration fee. For such
11 registration fee a receipt shall be given to the applicant
12 for employees or employment, and shall state therein the name
13 of such applicant, date and amount of payment, the character
14 of position or employee applied for, and the name and address
15 of such agency. If no position has been furnished by the
16 licensed agency to the applicant, then the registration fee
17 shall be returned to the applicant on demand after 30 days
18 and within 6 months from the date of receipt thereof, less
19 the amount that has been actually expended by the licensee in
20 checking the references of the applicant, and an itemized
21 account of such expenditures shall be presented to the
22 applicant on request at the time of returning the unused
23 portion of such registration fee.
24 Any such permit granted by the Department of Labor may be
25 revoked by it upon due notice to the holder of said permit
26 and due cause shown and hearing thereon.
27 No such licensee shall, as a condition to registering or
28 obtaining employment for such applicant, require such
29 applicant to subscribe to any publication or to any postal
30 card service, or advertisement, or exact any other fees,
31 compensation or reward, (except that in the case of
32 applicants for positions paying salaries of $5,000 or more
33 per annum, where the agency has secured from the Department
34 of Labor a permit to furnish a letter service in accordance
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1 with regulations of the department governing the furnishing
2 of such service, a special fee not to exceed $250, to be
3 credited on the fee charged for any placement resulting from
4 such letter service, may be charged for furnishing such
5 letter service) other than the aforesaid registration fee and
6 a further fee, called a placement fee, the amount of which
7 shall be agreed upon between such applicant and such licensee
8 to be payable at such time as may be agreed upon in writing.
9 The employment agency shall furnish to each applicant a copy
10 of any contract or any form he signs with the agency
11 regarding the method of payment of the placement or
12 employment service fee. Such contract or form shall contain
13 the name and address of such agency, and such other
14 information as the Department of Labor may deem proper. The
15 contract or form or copy thereof furnished the applicant must
16 state immediately above, below or close to the place provided
17 for the signature of the applicant that he has received a
18 copy of the contract or form and his signature shall
19 acknowledge receipt thereof. The placement or employment
20 service fee shall not be received by such licensee before the
21 applicant has accepted a position tendered by the employer. A
22 copy of each contract or other form to which the applicant
23 becomes a party with the licensee shall be given to the
24 applicant by the licensee at the time of executing such
25 contract or document and on any such form on which the word
26 acceptance appears, and such contract or other form shall
27 have the definition of acceptance as defined by this Act
28 printed in not less than 10 point type immediately following
29 the word acceptance. In the event the position so tendered is
30 not accepted by or given to such applicant, the licensee
31 shall refund all fees paid other than the registration fee
32 and special fee aforesaid, within 3 days of demand therefor.
33 The fee charged for placing an applicant in domestic service
34 shall be a single fee for each placement and shall be based
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1 upon the applicant's compensation or salary for a period not
2 to exceed one year.
3 No such licensee shall send out any applicant for
4 employment unless the licensee has a bona fide job order for
5 such employment and the job order is valid in accordance with
6 the renewal requirements of Section 3 of this Act. If no
7 position of the kind applied for was open at the place where
8 the applicant was directed, then the licensee shall refund to
9 such applicant on demand any sum paid or expended by the
10 applicant for transportation in going to and returning from
11 the place, and all fees paid by the applicant. However, in
12 the event a substitute position is taken, the fee to be
13 charged shall be computed on the salary agreed upon for such
14 position.
15 In addition to the receipt herein provided to be given
16 for a registration fee, it shall be the duty of such licensee
17 to give to every applicant for employment or employees from
18 whom other fee, or fees shall be received, an additional
19 receipt in which shall be stated the name of the applicant,
20 the amount paid and the date of payment. All such receipts
21 shall be in duplicate, numbered consecutively, shall contain
22 the name and address of such agency, and such other
23 information as the Department of Labor may deem proper. The
24 duplicate receipt shall be kept on file in the agency for at
25 least one year.
26 Every such licensee shall give to every applicant, who is
27 sent out for a job or for an interview with a prospective
28 employer, a card or printed paper or letter of introduction
29 which shall be called a "referral slip" containing the name
30 of the applicant, the name and address of the employer to
31 whom the applicant is sent for employment, the name and
32 address of the agency, the name of the person referring the
33 applicant, and the probable duration of the work, whether
34 temporary or permanent. The referral slip shall contain a
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1 blank space in which the employment counselor shall insert
2 and specify in a prominent and legible manner whether the
3 employment service fee is to be paid by the applicant or by
4 the employer, or in the case of a split-fee, the percentage
5 of the fee to be paid by the applicant and the percentage of
6 the fee to be paid by the employer, or shall state whether
7 the fee is to be negotiable between the employer and the
8 employee. A duplicate of all such referral slips shall be
9 kept on file in the agency for a period of one year. In the
10 event that the applicant is referred to a job or to a
11 prospective employer by telephone or telegraph, the referral
12 slip shall be mailed to the applicant and to the prospective
13 employer before the close of the business day on which the
14 telephoned or telegraphed referral was given. No person shall
15 be sent out for a job or to interview a prospective employer
16 unless he has been personally interviewed by the agency or
17 has corresponded with the agency with the purpose of securing
18 employment.
19 If the employer pays the fee, and the employee fails to
20 remain in the position for a period of 30 days, such licensee
21 shall refund to the employer all fees, less an amount equal
22 to 25% of the total salary or wages paid such employee during
23 the period of such employee during the period of such
24 employment, within 3 days after the licensed person has been
25 notified of the employee's failure to remain in the
26 employment, provided such 25% does not exceed the amount
27 charged for a permanent position of like nature.
28 If the employee pays the fee and is discharged at any
29 time within 30 days for any reason other than intoxication,
30 dishonesty, unexcused tardiness, unexcused absenteeism or
31 insubordination, or otherwise fails to remain in the position
32 for a period of 30 days, thru no fault of his own, such
33 licensee shall refund to the employee all fees less an amount
34 equal to 25% of the total salary or wages paid such employee
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1 during the period of such employment within 3 days of the
2 time such licensee has been notified of the employee's
3 failure to remain in the employment, provided the 25% does
4 not exceed the charge for a permanent position of like
5 nature. All refunds shall be in cash or negotiable check.
6 If the employee has promised his prospective employer to
7 report to work at a definite time and place and then fails to
8 report to work, such circumstances shall be considered prima
9 facie evidence that the employee has accepted the employment
10 offered.
11 Where a dispute concerning a fee exists, the department
12 may conduct a hearing to determine all facts concerning the
13 dispute and shall after such hearing make such
14 recommendations concerning such dispute as shall be
15 reasonable.
16 Every such licensee shall post in a conspicuous place in
17 the main room of the agency sections of this Act as required
18 by the Department of Labor, to be supplied by the Department
19 of Labor, and shall also post his license in the main room of
20 the agency.
21 Every such licensee shall furnish the Department of
22 Labor, under rules to be prescribed by such Department,
23 annual statements showing the number and character of
24 placements made.
25 (Source: P.A. 81-1509; revised 12-18-97.)
26 Section 123. The Meat and Poultry Inspection Act is
27 amended by changing Section 3 as follows:
28 (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
29 Sec. 3. Licenses.
30 (a) No person shall operate an establishment as defined
31 in Section 2.5 or act as a broker as defined in Section 2.19
32 without first securing a license from the Department except
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1 as otherwise exempted.
2 (b) The following annual fees shall accompany each
3 license application for the license year from July 1 to June
4 30 or any part thereof. These fees are not returnable.
5 Meatbroker, Poultry broker or Meat and
6 Poultry broker ......................................$50
7 Type I Establishment - Processor, Slaughterer, or
8 Processor and Slaughterer Slaughter of Meat, Poultry or
9 Meat and Poultry .....................................$50
10 Type II Establishment - Processor, Slaughterer, or
11 Processor and Slaughterer of Meat, Poultry or Meat and
12 Poultry ..............................................$50
13 Application for licenses shall be made to the Department in
14 writing on forms prescribed by the Department.
15 (c) The license issued shall be in such form as the
16 Department prescribes, shall be under the seal of the
17 Department and shall contain the name of the licensee, the
18 location for which the license is issued, the type of
19 operation, the period of the license, and such other
20 information as the Department requires. The original license
21 or a certified copy of it shall be conspicuously displayed by
22 the licensee in the establishment.
23 (d) A penalty of $25 shall be assessed if any such
24 license is not renewed by July 1 of each year.
25 (Source: P.A. 83-759; revised 12-18-97.)
26 Section 124. The Surface Coal Mining Land Conservation
27 and Reclamation Act is amended by changing Sections 3.11 and
28 8.10 as follows:
29 (225 ILCS 720/3.11) (from Ch. 96 1/2, par. 7903.11)
30 Sec. 3.11. Wastes.
31 (a) With respect to surface disposal of mine wastes,
32 tailings, coal processing wastes, and other wastes in areas
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1 other than the mine working or excavations, the operator
2 shall stabilize all waste piles in designated areas through
3 construction in compacted layers, including the use of
4 noncombustible noncumbustible and impervious materials if
5 necessary, and shall assure that the final contour of the
6 waste pile will be compatible with natural surroundings and
7 that the site can and will be stabilized and revegetated
8 according to the provisions of this Act.
9 (b) The operator shall design, locate, construct,
10 operate, maintain, enlarge, modify, and remove or abandon, in
11 accordance with the standards and criteria developed pursuant
12 to the Federal Act, all existing and new coal mine waste
13 piles consisting of mine wastes, tailings, coal processing
14 wastes, or other liquid and solid wastes, and used either
15 temporarily or permanently as dams or embankments.
16 (c) All debris, acid-forming materials, toxic materials,
17 or materials constituting a fire hazard shall be treated or
18 buried and compacted or otherwise disposed of in a manner
19 designed to prevent contamination of ground or surface
20 waters. At a minimum, such materials constituting a fire
21 hazard present in the exposed face of the mined mineral seam
22 or seams in the final cut shall, if approved by the
23 Department, be covered at all times with not less than 4 four
24 feet of water or other materials which shall be placed with
25 slopes having no more than 30% grade, capable of supporting
26 plant and animal life. Final cuts or other depressed
27 affected areas, no longer in use in mining operations, which
28 accumulate toxic waters will not meet reclamation
29 requirements. Contingency plans shall be developed to
30 prevent sustained combustion.
31 (d) Slurry shall be confined in depressed or mined areas
32 bounded by levees or dams constructed from materials capable
33 of supporting acceptable vegetation and built in accordance
34 with sound engineering practices. Such areas shall be
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1 screened with border plantings of tree species which by their
2 seeding habits will encourage propagation of vegetation on
3 these areas, and levees or dams built to confine slurry shall
4 be adapted to established species of grasses. Gob and slurry
5 not capable of supporting vegetation shall be covered to a
6 minimum depth of 4 four feet with soil or other material in
7 accordance with sound soil conservation practices as
8 prescribed by the Department. Such material shall be capable
9 of being vegetated and an acceptable cover shall be
10 established. The reclamation measures set forth in this
11 subsection are minimum performance standards and do not
12 supersede any other requirements of this Act.
13 (Source: P.A. 81-1015; revised 7-7-97.)
14 (225 ILCS 720/8.10) (from Ch. 96 1/2, par. 7908.10)
15 Sec. 8.10. Review under Administrative Administration
16 Review Law. All final administrative decisions of the
17 Department under this Act shall be subject to judicial review
18 pursuant to the Administrative Review Law, as amended, and
19 the rules adopted under it, except that the remedies created
20 by this Act are not excluded or impaired by any provision of
21 the Administrative Review Law.
22 (Source: P.A. 82-783; revised 12-18-97.)
23 Section 125. The Professional Geologist Licensing Act is
24 amended by changing Section 170 as follows:
25 (225 ILCS 745/170)
26 Sec. 170. Illinois Administrative Procedure Act;
27 application. The Illinois Administrative Procedure Act is
28 expressly adopted and incorporated in this Act as if all of
29 the provisions of that Act were included in this Act, except
30 that the provision of paragraph (d) (c) of Section 10-65 16
31 of the Illinois Administrative Procedure Act, which provides
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1 that at hearings the registrant or licensee has the right to
2 show compliance with all lawful requirements for retention or
3 continuation or renewal of the license, is specifically
4 excluded. For the purpose of this Act, the notice required
5 under Section 10-25 10 of the Illinois Administrative
6 Procedure Act is considered sufficient when mailed to the
7 last known address of a party.
8 (Source: P.A. 89-366, eff. 7-1-96; revised 12-18-97.)
9 Section 126. The Liquor Control Act of 1934 is amended
10 by changing Sections 3-12, 5-1, 6-6, 6-11, and 6-16 as
11 follows:
12 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
13 Sec. 3-12. The State commission shall have the following
14 powers, functions and duties:
15 (1) To receive applications and to issue licenses to
16 manufacturers, foreign importers, importing distributors,
17 distributors, non-resident dealers, on premise consumption
18 retailers, off premise sale retailers, special event retailer
19 licensees, special use permit licenses, auction liquor
20 licenses, brew pubs, caterer retailers, non-beverage users,
21 railroads, including owners and lessees of sleeping, dining
22 and cafe cars, airplanes and boats, in accordance with the
23 provisions of this Act, and to suspend or revoke such
24 licenses upon the State commission's determination, upon
25 notice after hearing, that a licensee has violated any
26 provision of this Act or any rule or regulation issued
27 pursuant thereto and in effect for 30 days prior to such
28 violation.
29 In lieu of suspending or revoking a license, the
30 commission may impose a fine, upon the State commission's
31 determination and notice after hearing, that a licensee has
32 violated any provision of this Act or any rule or regulation
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1 issued pursuant thereto and in effect for 30 days prior to
2 such violation. The fine imposed under this paragraph may
3 not exceed $500 for each violation. Each day that the
4 activity, which gave rise to the original fine, continues is
5 a separate violation. The maximum fine that may be levied
6 against any licensee, for the period of the license, shall
7 not exceed $20,000. The maximum penalty that may be imposed
8 on a licensee for selling a bottle of alcoholic liquor with a
9 foreign object in it or serving from a bottle of alcoholic
10 liquor with a foreign object in it shall be the destruction
11 of that bottle of alcoholic liquor for the first 10 bottles
12 so sold or served from by the licensee. For the eleventh
13 bottle of alcoholic liquor and for each third bottle
14 thereafter sold or served from by the licensee with a foreign
15 object in it, the maximum penalty that may be imposed on the
16 licensee is the destruction of the bottle of alcoholic liquor
17 and a fine of up to $50.
18 (2) To adopt such rules and regulations consistent with
19 the provisions of this Act which shall be necessary to carry
20 on its functions and duties to the end that the health,
21 safety and welfare of the People of the State of Illinois
22 shall be protected and temperance in the consumption of
23 alcoholic liquors shall be fostered and promoted and to
24 distribute copies of such rules and regulations to all
25 licensees affected thereby.
26 (3) To call upon other administrative departments of the
27 State, county and municipal governments, county and city
28 police departments and upon prosecuting officers for such
29 information and assistance as it deems necessary in the
30 performance of its duties.
31 (4) To recommend to local commissioners rules and
32 regulations, not inconsistent with the law, for the
33 distribution and sale of alcoholic liquors throughout the
34 State.
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1 (5) To inspect, or cause to be inspected, any premises
2 where alcoholic liquors are manufactured, distributed or
3 sold.
4 (6) To hear and determine appeals from orders of a local
5 commission in accordance with the provisions of this Act, as
6 hereinafter set forth. Hearings under this subsection shall
7 be held in Springfield or Chicago, at whichever location is
8 the more convenient for the majority of persons who are
9 parties to the hearing.
10 (7) The commission shall establish uniform systems of
11 accounts to be kept by all retail licensees having more than
12 4 employees, and for this purpose the commission may classify
13 all retail licensees having more than 4 employees and
14 establish a uniform system of accounts for each class and
15 prescribe the manner in which such accounts shall be kept.
16 The commission may also prescribe the forms of accounts to be
17 kept by all retail licensees having more than 4 employees,
18 including but not limited to accounts of earnings and
19 expenses and any distribution, payment, or other distribution
20 of earnings or assets, and any other forms, records and
21 memoranda which in the judgment of the commission may be
22 necessary or appropriate to carry out any of the provisions
23 of this Act, including but not limited to such forms, records
24 and memoranda as will readily and accurately disclose at all
25 times the beneficial ownership of such retail licensed
26 business. The accounts, forms, records and memoranda shall
27 be available at all reasonable times for inspection by
28 authorized representatives of the State commission or by any
29 local liquor control commissioner or his or her authorized
30 representative. The commission, may, from time to time,
31 alter, amend or repeal, in whole or in part, any uniform
32 system of accounts, or the form and manner of keeping
33 accounts.
34 (8) In the conduct of any hearing authorized to be held
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1 by the commission, to examine, or cause to be examined, under
2 oath, any licensee, and to examine or cause to be examined
3 the books and records of such licensee; to hear testimony and
4 take proof material for its information in the discharge of
5 its duties hereunder; to administer or cause to be
6 administered oaths; and for any such purpose to issue
7 subpoena or subpoenas to require the attendance of witnesses
8 and the production of books, which shall be effective in any
9 part of this State.
10 Any Circuit Court may by order duly entered, require the
11 attendance of witnesses and the production of relevant books
12 subpoenaed by the State commission and the court may compel
13 obedience to its order by proceedings for contempt.
14 (9) To investigate the administration of laws in
15 relation to alcoholic liquors in this and other states and
16 any foreign countries, and to recommend from time to time to
17 the Governor and through him or her to the legislature of
18 this State, such amendments to this Act, if any, as it may
19 think desirable and as will serve to further the general
20 broad purposes contained in Section 1-2 hereof.
21 (10) To adopt such rules and regulations consistent with
22 the provisions of this Act which shall be necessary for the
23 control, sale or disposition of alcoholic liquor damaged as a
24 result of an accident, wreck, flood, fire or other similar
25 occurrence.
26 (11) To develop industry educational programs related to
27 responsible serving and selling, particularly in the areas of
28 overserving consumers and illegal underage purchasing and
29 consumption of alcoholic beverages.
30 (12) To develop and maintain a repository of license and
31 regulatory information.
32 (13) On or before January 15, 1994, the Commission shall
33 issue a written report to the Governor and General Assembly
34 that is to be based on a comprehensive study of the impact on
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1 and implications for the State of Illinois of Section 1926 of
2 the Federal ADAMHA Reorganization Act of 1992 (Public Law
3 102-321). This study shall address the extent to which
4 Illinois currently complies with the provisions of P.L.
5 102-321 and the rules promulgated pursuant thereto.
6 As part of its report, the Commission shall provide the
7 following essential information:
8 (i) the number of retail distributors of tobacco
9 products, by type and geographic area, in the State;
10 (ii) the number of reported citations and
11 successful convictions, categorized by type and location
12 of retail distributor, for violation of the Sale of
13 Tobacco to Minors Act and the Smokeless Tobacco
14 Limitation Act;
15 (iii) the extent and nature of organized
16 educational and governmental activities that are intended
17 to promote, encourage or otherwise secure compliance with
18 any Illinois laws that prohibit the sale or distribution
19 of tobacco products to minors; and
20 (iv) the level of access and availability of
21 tobacco products to individuals under the age of 18.
22 To obtain the data necessary to comply with the
23 provisions of P.L. 102-321 and the requirements of this
24 report, the Commission shall conduct random, unannounced
25 inspections of a geographically and scientifically
26 representative sample of the State's retail tobacco
27 distributors.
28 The Commission shall consult with the Department of
29 Public Health, the Department of Human Services, the Illinois
30 State Police and any other executive branch agency, and
31 private organizations that may have information relevant to
32 this report.
33 The Commission may contract with the Food and Drug
34 Administration of the U.S. Department of Health and Human
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1 Services to conduct unannounced investigations of Illinois
2 tobacco vendors to determine compliance with federal laws
3 relating to the illegal sale of cigarettes and smokeless
4 tobacco products to persons under the age of 18.
5 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
6 eff. 1-1-98; revised 11-5-97.)
7 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
8 Sec. 5-1. Licenses issued by the Illinois Liquor Control
9 Commission shall be of the following classes:
10 (a) Manufacturer's license - Class 1. Distiller, Class
11 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
12 Manufacturer, Class 5. Second Class Wine Manufacturer,
13 Class 6. First Class Winemaker, Class 7. Second Class
14 Winemaker, Class 8. Limited Wine Manufacturer,
15 (b) Distributor's license,
16 (c) Importing Distributor's license,
17 (d) Retailer's license,
18 (e) Special Event Retailer's license (not-for-profit),
19 (f) Railroad license,
20 (g) Boat license,
21 (h) Non-Beverage User's license,
22 (i) Wine-maker's retail license,
23 (j) Airplane license,
24 (k) Foreign importer's license,
25 (l) Broker's license,
26 (m) Non-resident dealer's license,
27 (n) Brew Pub license,
28 (o) Auction liquor license,
29 (p) Caterer retailer license,
30 (q) Special use permit license.
31 Nothing in this provision, nor in any subsequent
32 provision of this Act shall be interpreted as forbidding an
33 individual or firm from concurrently obtaining and holding a
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1 Winemaker's and a Wine manufacturer's license.
2 (a) A manufacturer's license shall allow the
3 manufacture, importation in bulk, storage, distribution and
4 sale of alcoholic liquor to persons without the State, as may
5 be permitted by law and to licensees in this State as
6 follows:
7 Class 1. A Distiller may make sales and deliveries of
8 alcoholic liquor to distillers, rectifiers, importing
9 distributors, distributors and non-beverage users and to no
10 other licensees.
11 Class 2. A Rectifier, who is not a distiller, as defined
12 herein, may make sales and deliveries of alcoholic liquor to
13 rectifiers, importing distributors, distributors, retailers
14 and non-beverage users and to no other licensees.
15 Class 3. A Brewer may make sales and deliveries of beer
16 to importing distributors, distributors, and to
17 non-licensees, and to retailers provided the brewer obtains
18 an importing distributor's license or distributor's license
19 in accordance with the provisions of this Act.
20 Class 4. A first class wine-manufacturer may make sales
21 and deliveries of between 40,000 and 50,000 gallons of wine
22 to manufacturers, importing distributors and distributors,
23 and to no other licensees.
24 Class 5. A second class Wine manufacturer may make sales
25 and deliveries of more than 50,000 gallons of wine to
26 manufacturers, importing distributors and distributors and to
27 no other licensees.
28 Class 6. A first-class wine-maker's license shall allow
29 the manufacture of less than 20,000 gallons of wine per year,
30 and the storage and sale of such wine to distributors and
31 retailers in the State and to persons without the State, as
32 may be permitted by law.
33 Class 7. A second-class wine-maker's license shall allow
34 the manufacture of up to 50,000 gallons of wine per year, and
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1 the storage and sale of such wine to distributors in this
2 State and to persons without the State, as may be permitted
3 by law. A second-class wine-maker's license shall allow the
4 sale of no more than 10,000 gallons of the licensee's wine
5 directly to retailers.
6 Class 8. A limited wine-manufacturer may make sales and
7 deliveries not to exceed 40,000 gallons of wine per year to
8 distributors, and to non-licensees in accordance with the
9 provisions of this Act.
10 (a-1) A manufacturer which is licensed in this State to
11 make sales or deliveries of alcoholic liquor and which
12 enlists agents, representatives, or individuals acting on its
13 behalf who contact licensed retailers on a regular and
14 continual basis in this State must register those agents,
15 representatives, or persons acting on its behalf with the
16 State Commission.
17 Registration of agents, representatives, or persons
18 acting on behalf of a manufacturer is fulfilled by submitting
19 a form to the Commission. The form shall be developed by the
20 Commission and shall include the name and address of the
21 applicant, the name and address of the manufacturer he or she
22 represents, the territory or areas assigned to sell to or
23 discuss pricing terms of alcoholic liquor, and any other
24 questions deemed appropriate and necessary. All statements
25 in the forms required to be made by law or by rule shall be
26 deemed material, and any person who knowingly misstates any
27 material fact under oath in an application is guilty of a
28 Class B misdemeanor. Fraud, misrepresentation, false
29 statements, misleading statements, evasions, or suppression
30 of material facts in the securing of a registration are
31 grounds for suspension or revocation of the registration.
32 (b) A distributor's license shall allow the wholesale
33 purchase and storage of alcoholic liquors and sale of
34 alcoholic liquors to licensees in this State and to persons
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1 without the State, as may be permitted by law.
2 (c) An importing distributor's license may be issued to
3 and held by those only who are duly licensed distributors,
4 upon the filing of an application by a duly licensed
5 distributor, with the Commission and the Commission shall,
6 without the payment of any fee, immediately issue such
7 importing distributor's license to the applicant, which shall
8 allow the importation of alcoholic liquor by the licensee
9 into this State from any point in the United States outside
10 this State, and the purchase of alcoholic liquor in barrels,
11 casks or other bulk containers and the bottling of such
12 alcoholic liquors before resale thereof, but all bottles or
13 containers so filled shall be sealed, labeled, stamped and
14 otherwise made to comply with all provisions, rules and
15 regulations governing manufacturers in the preparation and
16 bottling of alcoholic liquors. The importing distributor's
17 license shall permit such licensee to purchase alcoholic
18 liquor from Illinois licensed non-resident dealers and
19 foreign importers only.
20 (d) A retailer's license shall allow the licensee to
21 sell and offer for sale at retail, only in the premises
22 specified in such license, alcoholic liquor for use or
23 consumption, but not for resale in any form: Provided that
24 any retail license issued to a manufacturer shall only permit
25 such manufacturer to sell beer at retail on the premises
26 actually occupied by such manufacturer.
27 After January 1, 1995 there shall be 2 classes of
28 licenses issued under a retailers license.
29 (1) A "retailers on premise consumption license"
30 shall allow the licensee to sell and offer for sale at
31 retail, only on the premises specified in the license,
32 alcoholic liquor for use or consumption on the premises
33 or on and off the premises, but not for resale in any
34 form.
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1 (2) An "off premise sale license" shall allow the
2 licensee to sell, or offer for sale at retail, alcoholic
3 liquor intended only for off premise consumption and not
4 for resale in any form.
5 Notwithstanding any other provision of this subsection
6 (d), a retail licensee may sell alcoholic liquors to a
7 special event retailer licensee for resale to the extent
8 permitted under subsection (e).
9 (e) A special event retailer's license (not-for-profit)
10 shall permit the licensee to purchase alcoholic liquors from
11 an Illinois licensed distributor (unless the licensee
12 purchases less than $500 of alcoholic liquors for the special
13 event, in which case the licensee may purchase the alcoholic
14 liquors from a licensed retailer) and shall allow the
15 licensee to sell and offer for sale, at retail, alcoholic
16 liquors for use or consumption, but not for resale in any
17 form and only at the location and on the specific dates
18 designated for the special event in the license. An
19 applicant for a special event retailer license must also
20 submit with the application proof satisfactory to the State
21 Commission that the applicant will provide dram shop
22 liability insurance in the maximum limits and have local
23 authority approval.
24 (f) A railroad license shall permit the licensee to
25 import alcoholic liquors into this State from any point in
26 the United States outside this State and to store such
27 alcoholic liquors in this State; to make wholesale purchases
28 of alcoholic liquors directly from manufacturers, foreign
29 importers, distributors and importing distributors from
30 within or outside this State; and to store such alcoholic
31 liquors in this State; provided that the above powers may be
32 exercised only in connection with the importation, purchase
33 or storage of alcoholic liquors to be sold or dispensed on a
34 club, buffet, lounge or dining car operated on an electric,
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1 gas or steam railway in this State; and provided further,
2 that railroad licensees exercising the above powers shall be
3 subject to all provisions of Article VIII of this Act as
4 applied to importing distributors. A railroad license shall
5 also permit the licensee to sell or dispense alcoholic
6 liquors on any club, buffet, lounge or dining car operated on
7 an electric, gas or steam railway regularly operated by a
8 common carrier in this State, but shall not permit the sale
9 for resale of any alcoholic liquors to any licensee within
10 this State. A license shall be obtained for each car in
11 which such sales are made.
12 (g) A boat license shall allow the sale of alcoholic
13 liquor in individual drinks, on any passenger boat regularly
14 operated as a common carrier on navigable waters in this
15 State, which boat maintains a public dining room or
16 restaurant thereon.
17 (h) A non-beverage user's license shall allow the
18 licensee to purchase alcoholic liquor from a licensed
19 manufacturer or importing distributor, without the imposition
20 of any tax upon the business of such licensed manufacturer or
21 importing distributor as to such alcoholic liquor to be used
22 by such licensee solely for the non-beverage purposes set
23 forth in subsection (a) of Section 8-1 of this Act, and such
24 licenses shall be divided and classified and shall permit the
25 purchase, possession and use of limited and stated quantities
26 of alcoholic liquor as follows:
27 Class 1, not to exceed ....................... 500 gallons
28 Class 2, not to exceed ....................... 1,000 gallons
29 Class 3, not to exceed ....................... 5,000 gallons
30 Class 4, not to exceed ....................... 10,000 gallons
31 Class 5, not to exceed ....................... 50,000 gallons
32 (i) A wine-maker's retail license shall allow the
33 licensee to sell and offer for sale at retail in the premises
34 specified in such license not more than 50,000 gallons of
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1 wine per year for use or consumption, but not for resale in
2 any form; this license shall be issued only to a person
3 licensed as a first-class or second-class wine-maker. A
4 wine-maker's retail licensee, upon receiving permission from
5 the Commission, may conduct business at a second location
6 that is separate from the location specified in its
7 wine-maker's retail license. One wine-maker's retail
8 license-second location may be issued to a wine-maker's
9 retail licensee allowing the licensee to sell and offer for
10 sale at retail in the premises specified in the wine-maker's
11 retail license-second location up to 50,000 gallons of wine
12 that was produced at the licensee's first location per year
13 for use and consumption and not for resale.
14 (j) An airplane license shall permit the licensee to
15 import alcoholic liquors into this State from any point in
16 the United States outside this State and to store such
17 alcoholic liquors in this State; to make wholesale purchases
18 of alcoholic liquors directly from manufacturers, foreign
19 importers, distributors and importing distributors from
20 within or outside this State; and to store such alcoholic
21 liquors in this State; provided that the above powers may be
22 exercised only in connection with the importation, purchase
23 or storage of alcoholic liquors to be sold or dispensed on an
24 airplane; and provided further, that airplane licensees
25 exercising the above powers shall be subject to all
26 provisions of Article VIII of this Act as applied to
27 importing distributors. An airplane licensee shall also
28 permit the sale or dispensing of alcoholic liquors on any
29 passenger airplane regularly operated by a common carrier in
30 this State, but shall not permit the sale for resale of any
31 alcoholic liquors to any licensee within this State. A
32 single airplane license shall be required of an airline
33 company if liquor service is provided on board aircraft in
34 this State. The annual fee for such license shall be as
HB1268 Enrolled -810- LRB9000999EGfg
1 determined in Section 5-3.
2 (k) A foreign importer's license shall permit such
3 licensee to purchase alcoholic liquor from Illinois licensed
4 non-resident dealers only, and to import alcoholic liquor
5 other than in bulk from any point outside the United States
6 and to sell such alcoholic liquor to Illinois licensed
7 importing distributors and to no one else in Illinois.
8 (l) A broker's license shall be required of all brokers
9 who solicit orders for, offer to sell or offer to supply
10 alcoholic liquor to retailers in the State of Illinois, or
11 who offer to retailers to ship or cause to be shipped or to
12 make contact with distillers, rectifiers, brewers or
13 manufacturers or any other party within or without the State
14 of Illinois in order that alcoholic liquors be shipped to a
15 distributor, importing distributor or foreign importer,
16 whether such solicitation or offer is consummated within or
17 without the State of Illinois.
18 No holder of a retailer's license issued by the Illinois
19 Liquor Control Commission shall purchase or receive any
20 alcoholic liquor, the order for which was solicited or
21 offered for sale to such retailer by a broker unless the
22 broker is the holder of a valid broker's license.
23 The broker shall, upon the acceptance by a retailer of
24 the broker's solicitation of an order or offer to sell or
25 supply or deliver or have delivered alcoholic liquors,
26 promptly forward to the Illinois Liquor Control Commission a
27 notification of said transaction in such form as the
28 Commission may by regulations prescribe.
29 Such license shall not entitle the holder to buy or sell
30 any alcoholic liquors for his own account or to take or
31 deliver title to such alcoholic liquors.
32 This subsection shall not apply to distributors,
33 employees of distributors, or employees of a manufacturer who
34 has registered the trademark, brand or name of the alcoholic
HB1268 Enrolled -811- LRB9000999EGfg
1 liquor pursuant to Section 6-9 of this Act, and who regularly
2 sells such alcoholic liquor in the State of Illinois only to
3 its registrants thereunder.
4 Any agent, representative, or person subject to
5 registration pursuant to subsection (a-1) of this Section
6 shall not be eligible to receive a broker's license.
7 (m) A non-resident dealer's license shall permit such
8 licensee to ship into and warehouse alcoholic liquor into
9 this State from any point outside of this State, and to sell
10 such alcoholic liquor to Illinois licensed foreign importers
11 and importing distributors and to no one else in this State;
12 provided that said non-resident dealer shall register with
13 the Illinois Liquor Control Commission each and every brand
14 of alcoholic liquor which it proposes to sell to Illinois
15 licensees during the license period; and further provided
16 that it shall comply with all of the provisions of Section
17 6-9 hereof with respect to registration of such Illinois
18 licensees as may be granted the right to sell such brands at
19 wholesale.
20 (n) A brew pub license shall allow the licensee to
21 manufacture beer only on the premises specified in the
22 license, to make sales of the beer manufactured on the
23 premises to importing distributors, distributors, and to
24 non-licensees for use and consumption, to store the beer upon
25 the premises, and to sell and offer for sale at retail from
26 the licensed premises, provided that a brew pub licensee
27 shall not sell for off-premises consumption more than 50,000
28 gallons per year.
29 (o) A caterer retailer license shall allow the holder to
30 serve alcoholic liquors as an incidental part of a food
31 service that serves prepared meals which excludes the serving
32 of snacks as the primary meal, either on or off-site whether
33 licensed or unlicensed.
34 (p) An auction liquor license shall allow the licensee
HB1268 Enrolled -812- LRB9000999EGfg
1 to sell and offer for sale at auction wine and spirits for
2 use or consumption, or for resale by an Illinois liquor
3 licensee in accordance with provisions of this Act. An
4 auction liquor license will be issued to a person and it will
5 permit the auction liquor licensee to hold the auction
6 anywhere in the State. An auction liquor license must be
7 obtained for each auction at least 14 days in advance of the
8 auction date.
9 (q) A special use permit license shall allow an Illinois
10 licensed retailer to transfer a portion of its alcoholic
11 liquor inventory from its retail licensed premises to the
12 premises specified in the license hereby created, and to sell
13 or offer for sale at retail, only in the premises specified
14 in the license hereby created, the transferred alcoholic
15 liquor for use or consumption, but not for resale in any
16 form. A special use permit license may be granted for the
17 following time periods: one day or less; 2 or more days to a
18 maximum of 15 days per location in any 12 month period. An
19 applicant for the special use permit license must also submit
20 with the application proof satisfactory to the State
21 Commission that the applicant will provide dram shop
22 liability insurance to the maximum limits and have local
23 authority approval.
24 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
25 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
26 revised 11-5-97.)
27 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
28 Sec. 6-6. Except as otherwise provided in this Act no
29 manufacturer or distributor or importing distributor shall,
30 directly, or indirectly, sell, supply, furnish, give or pay
31 for, or loan or lease, any furnishing, fixture or equipment
32 on the premises of a place of business of another licensee
33 authorized under this Act to sell alcoholic liquor at retail,
HB1268 Enrolled -813- LRB9000999EGfg
1 either for consumption on or off the premises, nor shall he
2 or she directly or indirectly, pay for any such license, or
3 advance, furnish, lend or give money for payment of such
4 license, or purchase or become the owner of any note,
5 mortgage, or other evidence of indebtedness of such licensee
6 or any form of security therefor, nor shall such
7 manufacturer, or distributor, or importing distributor,
8 directly or indirectly, be interested in the ownership,
9 conduct or operation of the business of any licensee
10 authorized to sell alcoholic liquor at retail, nor shall any
11 manufacturer, or distributor, or importing distributor be
12 interested directly or indirectly or as owner or part owner
13 of said premises or as lessee or lessor thereof, in any
14 premises upon which alcoholic liquor is sold at retail.
15 No manufacturer or distributor or importing distributor
16 shall, directly or indirectly or through a subsidiary or
17 affiliate, or by any officer, director or firm of such
18 manufacturer, distributor or importing distributor, furnish,
19 give, lend or rent, install, repair or maintain, to or for
20 any retail licensee in this State, any signs or inside
21 advertising materials except as provided in this Section and
22 Section 6-5. With respect to retail licensees, other than any
23 government owned or operated auditorium, exhibition hall,
24 recreation facility or other similar facility holding a
25 retailer's license as described in Section 6-5, a
26 manufacturer, distributor, or importing distributor may
27 furnish, give, lend or rent and erect, install, repair and
28 maintain to or for any retail licensee, for use at any one
29 time in or about or in connection with a retail establishment
30 on which the products of the manufacturer, distributor or
31 importing distributor are sold, the following signs and
32 inside advertising materials as authorized in subparts (i),
33 (ii), (iii), and (iv):
34 (i) Permanent outside signs shall be limited to one
HB1268 Enrolled -814- LRB9000999EGfg
1 outside sign, per brand, in place and in use at any one
2 time, costing not more than $893, exclusive of erection,
3 installation, repair and maintenance costs, and permit
4 fees and shall bear only the manufacturer's name, brand
5 name, trade name, slogans, markings, trademark, or other
6 symbols commonly associated with and generally used in
7 identifying the product including, but not limited to,
8 "cold beer", "on tap", "carry out", and "packaged
9 liquor".
10 (ii) Temporary outside signs shall be limited to
11 one temporary outside sign per brand. Examples of
12 temporary outside signs are banners, flags, pennants,
13 streamers, and other items of a temporary and
14 non-permanent nature. Each temporary outside sign must
15 include the manufacturer's name, brand name, trade name,
16 slogans, markings, trademark, or other symbol commonly
17 associated with and generally used in identifying the
18 product. Temporary outside signs may also include, for
19 example, the product, price, packaging, date or dates of
20 a promotion and an announcement of a retail licensee's
21 specific sponsored event, if the temporary outside sign
22 is intended to promote a product, and provided that the
23 announcement of the retail licensee's event and the
24 product promotion are held simultaneously. However,
25 temporary outside signs may not include names, slogans,
26 markings, or logos that relate to the retailer. Nothing
27 in this subpart (ii) shall prohibit a distributor or
28 importing distributor from bearing the cost of creating
29 or printing a temporary outside sign for the retail
30 licensee's specific sponsored event or from bearing the
31 cost of creating or printing a temporary sign for a
32 retail licensee containing, for example, community
33 goodwill expressions, regional sporting event
34 announcements, or seasonal messages, provided that the
HB1268 Enrolled -815- LRB9000999EGfg
1 primary purpose of the temporary outside sign is to
2 highlight, promote, or advertise the product. In
3 addition, temporary outside signs provided by the
4 manufacturer to the distributor or importing distributor
5 may also include, for example, subject to the limitations
6 of this Section, preprinted community goodwill
7 expressions, sporting event announcements, seasonal
8 messages, and manufacturer promotional announcements.
9 However, a distributor or importing distributor shall not
10 bear the cost of such manufacturer preprinted signs.
11 (iii) Permanent inside signs, whether visible from
12 the outside or the inside of the premises, include, but
13 are not limited to: alcohol lists and menus that may
14 include names, slogans, markings, or logos that relate to
15 the retailer; neons; illuminated signs; clocks; table
16 lamps; mirrors; tap handles; decalcomanias; window
17 painting; and window trim. All permanent inside signs in
18 place and in use at any one time shall cost in the
19 aggregate not more than $2000 per manufacturer. A
20 permanent inside sign must include the manufacturer's
21 name, brand name, trade name, slogans, markings,
22 trademark, or other symbol commonly associated with and
23 generally used in identifying the product. However,
24 permanent inside signs may not include names, slogans,
25 markings, or logos that relate to the retailer. For the
26 purpose of this subpart (iii), all permanent inside signs
27 may be displayed in an adjacent courtyard or patio
28 commonly referred to as a "beer garden" that is a part of
29 the retailer's licensed premises.
30 (iv) Temporary inside signs shall include, but are
31 not limited to, lighted chalk boards, acrylic table tent
32 beverage or hors d'oeuvre list holders, banners, flags,
33 pennants, streamers, and inside advertising materials
34 such as posters, placards, bowling sheets, table tents,
HB1268 Enrolled -816- LRB9000999EGfg
1 inserts for acrylic table tent beverage or hors d'oeuvre
2 list holders, sports schedules, or similar printed or
3 illustrated materials; however, such items, for example,
4 as coasters, trays, napkins, glassware and cups shall not
5 be deemed to be inside signs or advertising materials and
6 may only be sold to retailers. All temporary inside
7 signs and inside advertising materials in place and in
8 use at any one time shall cost in the aggregate not more
9 than $325 per manufacturer. Nothing in this subpart (iv)
10 prohibits a distributor or importing distributor from
11 paying the cost of printing or creating any temporary
12 inside banner or inserts for acrylic table tent beverage
13 or hors d'oeuvre list holders for a retail licensee,
14 provided that the primary purpose for the banner or
15 insert is to highlight, promote, or advertise the
16 product. For the purpose of this subpart (iv), all
17 temporary inside signs and inside advertising materials
18 may be displayed in an adjacent courtyard or patio
19 commonly referred to as a "beer garden" that is a part of
20 the retailer's licensed premises.
21 A "cost adjustment factor" shall be used to periodically
22 update the dollar limitations prescribed in subparts (i),
23 (iii), and (iv). The Commission shall establish the adjusted
24 dollar limitation on an annual basis beginning in January,
25 1997. The term "cost adjustment factor" means a percentage
26 equal to the change in the Bureau of Labor Statistics
27 Consumer Price Index or 5%, whichever is greater. The
28 restrictions contained in this Section 6-6 do not apply to
29 signs, or promotional or advertising materials furnished by
30 manufacturers, distributors or importing distributors to a
31 government owned or operated facility holding a retailer's
32 license as described in Section 6-5.
33 No distributor or importing distributor shall directly or
34 indirectly or through a subsidiary or affiliate, or by any
HB1268 Enrolled -817- LRB9000999EGfg
1 officer, director or firm of such manufacturer, distributor
2 or importing distributor, furnish, give, lend or rent,
3 install, repair or maintain, to or for any retail licensee in
4 this State, any signs or inside advertising materials
5 described in subparts (i), (ii), (iii), or (iv) of this
6 Section except as the agent for or on behalf of a
7 manufacturer, provided that the total cost of any signs and
8 inside advertising materials including but not limited to
9 labor, erection, installation and permit fees shall be paid
10 by the manufacturer whose product or products said signs, and
11 inside advertising materials advertise and except as follows:
12 A distributor or importing distributor may purchase from
13 or enter into a written agreement with a manufacturer or a
14 manufacturer's designated supplier and such manufacturer or
15 the manufacturer's designated supplier may sell or enter into
16 an agreement to sell to a distributor or importing
17 distributor permitted signs and advertising materials
18 described in subparts (ii), (iii), or (iv) of this Section
19 for the purpose of furnishing, giving, lending, renting,
20 installing, repairing, or maintaining such signs or
21 advertising materials to or for any retail licensee in this
22 State. Any purchase by a distributor or importing
23 distributor from a manufacturer or a manufacturer's
24 designated supplier shall be voluntary and the manufacturer
25 may not require the distributor or the importing distributor
26 to purchase signs or advertising materials from the
27 manufacturer or the manufacturer's designated supplier.
28 A distributor or importing distributor shall be deemed
29 the owner of such signs or advertising materials purchased
30 from a manufacturer or a manufacturer's designated supplier.
31 The provisions of Public Act 90-373 this amendatory Act
32 of 1997 concerning signs or advertising materials delivered
33 by a manufacturer to a distributor or importing distributor
34 shall apply only to signs or advertising materials delivered
HB1268 Enrolled -818- LRB9000999EGfg
1 on or after August 14, the effective date of this amendatory
2 Act of 1997.
3 No person engaged in the business of manufacturing,
4 importing or distributing alcoholic liquors shall, directly
5 or indirectly, pay for, or advance, furnish, or lend money
6 for the payment of any license for another. Any licensee who
7 shall permit or assent, or be a party in any way to any
8 violation or infringement of the provisions of this Section
9 shall be deemed guilty of a violation of this Act, and any
10 money loaned contrary to a provision of this Act shall not be
11 recovered back, or any note, mortgage or other evidence of
12 indebtedness, or security, or any lease or contract obtained
13 or made contrary to this Act shall be unenforceable and void.
14 This Section shall not apply to airplane licensees
15 exercising powers provided in paragraph (i) of Section 5-1 of
16 this Act.
17 (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96;
18 90-373, eff. 8-14-97; 90-432, eff. 1-1-98; revised 11-5-97.)
19 (235 ILCS 5/6-11) (from Ch. 43, par. 127)
20 Sec. 6-11. No license shall be issued for the sale at
21 retail of any alcoholic liquor within 100 feet of any church,
22 school other than an institution of higher learning,
23 hospital, home for aged or indigent persons or for veterans,
24 their spouses or children or any military or naval station,
25 provided, that this prohibition shall not apply to hotels
26 offering restaurant service, regularly organized clubs, or to
27 restaurants, food shops or other places where sale of
28 alcoholic liquors is not the principal business carried on if
29 the place of business so exempted is not located in a
30 municipality of more than 500,000 persons, unless required by
31 local ordinance; nor to the renewal of a license for the sale
32 at retail of alcoholic liquor on premises within 100 feet of
33 any church or school where the church or school has been
HB1268 Enrolled -819- LRB9000999EGfg
1 established within such 100 feet since the issuance of the
2 original license. In the case of a church, the distance of
3 100 feet shall be measured to the nearest part of any
4 building used for worship services or educational programs
5 and not to property boundaries.
6 In the interest of further developing Illinois' economy
7 in the area of tourism, convention, and banquet business,
8 nothing in this Section shall prohibit issuance of a retail
9 license authorizing the sale of alcoholic beverages to a
10 restaurant, banquet facility, or hotel having not fewer than
11 150 guest room accommodations located in a municipality of
12 more than 500,000 persons, notwithstanding the proximity of
13 such hotel, restaurant, or banquet facility to any church or
14 school, if the licensed premises described on the license are
15 located within an enclosed mall or building of a height of at
16 least 6 stories, or 60 feet in the case of a building that
17 has been registered as a national landmark, and in either
18 case if the sale of alcoholic liquors is not the principal
19 business carried on by the license.
20 For purposes of this Section, a "banquet facility" is any
21 part of a building that caters to private parties and where
22 the sale of alcoholic liquors is not the principal business.
23 Nothing in this Section shall prohibit the issuance of a
24 license to a church or private school to sell at retail
25 alcoholic liquor if any such sales are limited to periods
26 when groups are assembled on the premises solely for the
27 promotion of some common object other than the sale or
28 consumption of alcoholic liquors.
29 Nothing in this Section shall prohibit a church or church
30 affiliated school located in a municipality with 75,000 or
31 more inhabitants from locating within 100 feet of a property
32 for which there is a preexisting license to sell alcoholic
33 liquor at retail. In these instances, the local zoning
34 authority may, by ordinance adopted simultaneously with the
HB1268 Enrolled -820- LRB9000999EGfg
1 granting of an initial special use zoning permit for the
2 church or church affiliated school, provide that the 100-foot
3 restriction in this Section shall not apply to that church or
4 church affiliated school and future retail liquor licenses.
5 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
6 revised 2-20-97.)
7 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
8 Sec. 6-16. Prohibited sales and possession.
9 (a) No licensee nor any officer, associate, member,
10 representative, agent, or employee of such licensee shall
11 sell, give, or deliver alcoholic liquor to any person under
12 the age of 21 years or to any intoxicated person, except as
13 provided in Section 6-16.1 16.1. No person, after purchasing
14 or otherwise obtaining alcoholic liquor, shall sell, give, or
15 deliver such alcoholic liquor to another person under the age
16 of 21 years, except in the performance of a religious
17 ceremony or service. Any person who violates the provisions
18 of this paragraph of this subsection (a) is guilty of a Class
19 A misdemeanor and the person's sentence shall include, but
20 shall not be limited to, a fine of not less than $500. If a
21 licensee or officer, associate, member, representative,
22 agent, or employee of the licensee is prosecuted under this
23 paragraph of this subsection (a) for selling, giving, or
24 delivering alcoholic liquor to a person under the age of 21
25 years, the person under 21 years of age who attempted to buy
26 or receive the alcoholic liquor may be prosecuted pursuant to
27 Section 6-20 of this Act, unless the person under 21 years of
28 age was acting under the authority of a law enforcement
29 agency, the Illinois Liquor Control Commission, or a local
30 liquor control commissioner pursuant to a plan or action to
31 investigate, patrol, or conduct any similar enforcement
32 action.
33 For the purpose of preventing the violation of this
HB1268 Enrolled -821- LRB9000999EGfg
1 section, any licensee, or his agent or employee, may refuse
2 to sell or serve alcoholic beverages to any person who is
3 unable to produce adequate written evidence of identity and
4 of the fact that he or she is over the age of 21 years.
5 Adequate written evidence of age and identity of the
6 person is a document issued by a federal, state, county, or
7 municipal government, or subdivision or agency thereof,
8 including, but not limited to, a motor vehicle operator's
9 license, a registration certificate issued under the Federal
10 Selective Service Act, or an identification card issued to a
11 member of the Armed Forces. Proof that the
12 defendant-licensee, or his employee or agent, demanded, was
13 shown and reasonably relied upon such written evidence in any
14 transaction forbidden by this Section is an affirmative
15 defense in any criminal prosecution therefor or to any
16 proceedings for the suspension or revocation of any license
17 based thereon. It shall not, however, be an affirmative
18 defense if the agent or employee accepted the written
19 evidence knowing it to be false or fraudulent. If a false or
20 fraudulent Illinois driver's license or Illinois
21 identification card is presented by a person less than 21
22 years of age to a licensee or the licensee's agent or
23 employee for the purpose of ordering, purchasing, attempting
24 to purchase, or otherwise obtaining or attempting to obtain
25 the serving of any alcoholic beverage, the law enforcement
26 officer or agency investigating the incident shall, upon the
27 conviction of the person who presented the fraudulent license
28 or identification, make a report of the matter to the
29 Secretary of State on a form provided by the Secretary of
30 State.
31 However, no agent or employee of the licensee shall be
32 disciplined or discharged for selling or furnishing liquor to
33 a person under 21 years of age if the agent or employee
34 demanded and was shown, before furnishing liquor to a person
HB1268 Enrolled -822- LRB9000999EGfg
1 under 21 years of age, adequate written evidence of age and
2 identity of the person issued by a federal, state, county or
3 municipal government, or subdivision or agency thereof,
4 including but not limited to a motor vehicle operator's
5 license, a registration certificate issued under the Federal
6 Selective Service Act, or an identification card issued to a
7 member of the Armed Forces. This paragraph, however, shall
8 not apply if the agent or employee accepted the written
9 evidence knowing it to be false or fraudulent.
10 Any person who sells, gives, or furnishes to any person
11 under the age of 21 years any false or fraudulent written,
12 printed, or photostatic evidence of the age and identity of
13 such person or who sells, gives or furnishes to any person
14 under the age of 21 years evidence of age and identification
15 of any other person is guilty of a Class A misdemeanor and
16 the person's sentence shall include, but shall not be limited
17 to, a fine of not less than $500.
18 Any person under the age of 21 years who presents or
19 offers to any licensee, his agent or employee, any written,
20 printed or photostatic evidence of age and identity that is
21 false, fraudulent, or not actually his or her own for the
22 purpose of ordering, purchasing, attempting to purchase or
23 otherwise procuring or attempting to procure, the serving of
24 any alcoholic beverage, or who has in his or her possession
25 any false or fraudulent written, printed, or photostatic
26 evidence of age and identity, is guilty of a Class A
27 misdemeanor and the person's sentence shall include, but
28 shall not be limited to, the following: a fine of not less
29 than $500 and at least 25 hours of community service. If
30 possible, any community service shall be performed for an
31 alcohol abuse prevention program.
32 Any person under the age of 21 years who has any
33 alcoholic beverage in his or her possession on any street or
34 highway or in any public place or in any place open to the
HB1268 Enrolled -823- LRB9000999EGfg
1 public is guilty of a Class A misdemeanor. This Section does
2 not apply to possession by a person under the age of 21 years
3 making a delivery of an alcoholic beverage in pursuance of
4 the order of his or her parent or in pursuance of his or her
5 employment.
6 (a-1) It is unlawful for any parent or guardian to
7 permit his or her residence to be used by an invitee of the
8 parent's child or the guardian's ward, if the invitee is
9 under the age of 21, in a manner that constitutes a violation
10 of this Section. A parent or guardian is deemed to have
11 permitted his or her residence to be used in violation of
12 this Section if he or she knowingly authorizes, enables, or
13 permits such use to occur by failing to control access to
14 either the residence or the alcoholic liquor maintained in
15 the residence. Any person who violates this subsection (a-1)
16 is guilty of a Class A misdemeanor and the person's sentence
17 shall include, but shall not be limited to, a fine of not
18 less than $500. Nothing in this subsection (a-1) shall be
19 construed to prohibit the giving of alcoholic liquor to a
20 person under the age of 21 years in the performance of a
21 religious ceremony or service.
22 (b) Except as otherwise provided in this Section whoever
23 violates this Section shall, in addition to other penalties
24 provided for in this Act, be guilty of a Class A misdemeanor.
25 (c) Any person shall be guilty of a Class A misdemeanor
26 where he or she knowingly permits a gathering at a residence
27 which he or she occupies of two or more persons where any one
28 or more of the persons is under 21 years of age and the
29 following factors also apply:
30 (1) the person occupying the residence knows that
31 any such person under the age of 21 is in possession of
32 or is consuming any alcoholic beverage; and
33 (2) the possession or consumption of the alcohol by
34 the person under 21 is not otherwise permitted by this
HB1268 Enrolled -824- LRB9000999EGfg
1 Act; and
2 (3) the person occupying the residence knows that
3 the person under the age of 21 leaves the residence in an
4 intoxicated condition.
5 For the purposes of this subsection (c) where the
6 residence has an owner and a tenant or lessee, there is a
7 rebuttable presumption that the residence is occupied only by
8 the tenant or lessee.
9 (d) Any person who rents a hotel or motel room from the
10 proprietor or agent thereof for the purpose of or with the
11 knowledge that such room shall be used for the consumption of
12 alcoholic liquor by persons under the age of 21 years shall
13 be guilty of a Class A misdemeanor.
14 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
15 90-432, eff. 1-1-98; revised 11-5-97.)
16 Section 127. The Illinois Public Aid Code is amended by
17 changing Sections 4-2, 4-8, 5-4, 5-16.3, 5-16.6, 5-22, 9A-9,
18 10-10, 10-11, 10-16.2, 11-8, 12-4.11, 12-4.31, 12-4.101, and
19 12-17.4 as follows:
20 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
21 Sec. 4-2. Amount of aid.
22 (a) The amount and nature of financial aid shall be
23 determined in accordance with the grant amounts, rules and
24 regulations of the Illinois Department. Due regard shall be
25 given to the self-sufficiency requirements of the family and
26 to the income, money contributions and other support and
27 resources available, from whatever source. Beginning July 1,
28 1992, the supplementary grants previously paid under this
29 Section shall no longer be paid. However, the amount and
30 nature of any financial aid is not affected by the payment of
31 any grant under the "Senior Citizens and Disabled Persons
32 Property Tax Relief and Pharmaceutical Assistance Act". The
HB1268 Enrolled -825- LRB9000999EGfg
1 aid shall be sufficient, when added to all other income,
2 money contributions and support to provide the family with a
3 grant in the amount established by Department regulation.
4 (b) The Illinois Department may conduct special
5 projects, which may be known as Grant Diversion Projects,
6 under which recipients of financial aid under this Article
7 are placed in jobs and their grants are diverted to the
8 employer who in turn makes payments to the recipients in the
9 form of salary or other employment benefits. The Illinois
10 Department shall by rule specify the terms and conditions of
11 such Grant Diversion Projects. Such projects shall take into
12 consideration and be coordinated with the programs
13 administered under the Illinois Emergency Employment
14 Development Act.
15 (c) The amount and nature of the financial aid for a
16 child requiring care outside his own home shall be determined
17 in accordance with the rules and regulations of the Illinois
18 Department, with due regard to the needs and requirements of
19 the child in the foster home or institution in which he has
20 been placed.
21 (d) If the Department establishes grants for family
22 units consisting exclusively of a pregnant woman with no
23 dependent child or including her husband if living with her,
24 the grant amount for such a unit shall be equal to the grant
25 amount for an assistance unit consisting of one adult, or 2
26 persons if the husband is included. Other than as herein
27 described, an unborn child shall not be counted in
28 determining the size of an assistance unit or for calculating
29 grants.
30 Payments for basic maintenance requirements of a child or
31 children and the relative with whom the child or children are
32 living shall be prescribed, by rule, by the Illinois
33 Department.
34 These grants may be increased in the following circumstances:
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1 1. If the child is living with both parents or with
2 persons standing in the relationship of parents, and if
3 the grant is necessitated because of the unemployment or
4 insufficient earnings of the parent or parents and
5 neither parent is receiving benefits under "The
6 Unemployment Compensation Act", approved June 30, 1937,
7 as amended, the maximum may be increased by not more than
8 $25.
9 2. If a child is age 13 or over, the maximum may be
10 increased by not more than $15.
11 The allowances provided under Article IX for recipients
12 participating in the training and rehabilitation programs
13 shall be in addition to the maximum payments established in
14 this Section.
15 Grants under this Article shall not be supplemented by
16 General Assistance provided under Article VI.
17 (e) Grants shall be paid to the parent or other person
18 with whom the child or children are living, except for such
19 amount as is paid in behalf of the child or his parent or
20 other relative to other persons or agencies pursuant to this
21 Code or the rules and regulations of the Illinois Department.
22 (f) An assistance unit, receiving financial aid under
23 this Article or temporarily ineligible to receive aid under
24 this Article under a penalty imposed by the Illinois
25 Department for failure to comply with the eligibility
26 requirements or that voluntarily requests termination of
27 financial assistance under this Article and becomes
28 subsequently eligible for assistance within 9 months, shall
29 not receive any increase in the amount of aid solely on
30 account of the birth of a child; except that an increase is
31 not prohibited when the birth is (i) of a child of a pregnant
32 woman who became eligible for aid under this Article during
33 the pregnancy, or (ii) of a child born within 10 months after
34 the date of implementation of this subsection, or (iii) of a
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1 child conceived after a family became ineligible for
2 assistance due to income or marriage and at least 3 months of
3 ineligibility expired before any reapplication for
4 assistance. This subsection does not, however, prevent a
5 unit from receiving a general increase in the amount of aid
6 that is provided to all recipients of aid under this Article.
7 The Illinois Department is authorized to transfer funds,
8 and shall use any budgetary savings attributable to not
9 increasing the grants due to the births of additional
10 children, to supplement existing funding for employment and
11 training services for recipients of aid under this Article
12 IV. The Illinois Department shall target, to the extent the
13 supplemental funding allows, employment and training services
14 to the families who do not receive a grant increase after the
15 birth of a child. In addition, the Illinois Department shall
16 provide, to the extent the supplemental funding allows, such
17 families with up to 24 months of transitional child care
18 pursuant to Illinois Department rules. All remaining
19 supplemental funds shall be used for employment and training
20 services or transitional child care support.
21 In making the transfers authorized by this subsection,
22 the Illinois Department shall first determine, pursuant to
23 regulations adopted by the Illinois Department for this
24 purpose, the amount of savings attributable to not increasing
25 the grants due to the births of additional children.
26 Transfers may be made from General Revenue Fund
27 appropriations for distributive purposes authorized by
28 Article IV of this Code only to General Revenue Fund
29 appropriations for employability development services
30 including operating and administrative costs and related
31 distributive purposes under Article IXA of this Code. The
32 Director, with the approval of the Governor, shall certify
33 the amount and affected line item appropriations to the State
34 Comptroller.
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1 The Illinois Department shall apply for all waivers of
2 federal law and regulations necessary to implement this
3 subsection; implementation of this subsection is contingent
4 on the Illinois Department receiving all necessary federal
5 waivers. The Illinois Department may implement this
6 subsection through the use of emergency rules in accordance
7 with Section 5-45 of the Illinois Administrative Procedure
8 Act. For purposes of the Illinois Administrative Procedure
9 Act, the adoption of rules to implement this subsection shall
10 be considered an emergency and necessary for the public
11 interest, safety, and welfare.
12 Nothing in this subsection shall be construed to prohibit
13 the Illinois Department from using funds under this Article
14 IV to provide assistance in the form of vouchers that may be
15 used to pay for goods and services deemed by the Illinois
16 Department, by rule, as suitable for the care of the child
17 such as diapers, clothing, school supplies, and cribs.
18 (g) (Blank).
19 (h) Notwithstanding any other provision of this Code,
20 the Illinois Department is authorized to reduce payment
21 levels used to determine cash grants under this Article after
22 December 31 of any fiscal year if the Illinois Department
23 determines that the caseload upon which the appropriations
24 for the current fiscal year are based have increased by more
25 than 5% and the appropriation is not sufficient to ensure
26 that cash benefits under this Article do not exceed the
27 amounts appropriated for those cash benefits. Reductions in
28 payment levels may be accomplished by emergency rule under
29 Section 5-45 of the Illinois Administrative Procedure Act,
30 except that the limitation on the number of emergency rules
31 that may be adopted in a 24-month period shall not apply and
32 the provisions of Sections 5-115 and 5-125 of the Illinois
33 Administrative Procedure Act shall not apply. Increases in
34 payment levels shall be accomplished only in accordance with
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1 Section 5-40 of the Illinois Administrative Procedure Act.
2 Before any rule to increase payment levels promulgated under
3 this Section shall become effective, a joint resolution
4 approving the rule must be adopted by a roll call vote by a
5 majority of the members elected to each chamber of the
6 General Assembly.
7 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
8 89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
9 revised 11-18-97.)
10 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
11 Sec. 4-8. Mismanagement of assistance grant.
12 (a) If the County Department has reason to believe that
13 the money payment for basic maintenance is not being used, or
14 may not be used, in the best interests of the child and the
15 family and that there is present or potential damage to the
16 standards of health and well-being that the grant is intended
17 to assure, the County Department shall provide the parent or
18 other relative with the counseling and guidance services with
19 respect to the use of the grant and the management of other
20 funds available to the family as may be required to assure
21 use of the grant in the best interests of the child and
22 family. The Illinois Department shall by rule prescribe
23 criteria which shall constitute evidence of grant
24 mismanagement. The criteria shall include but not be limited
25 to the following:
26 (1) A determination that a child in the assistance
27 unit is not receiving proper and necessary support or
28 other care for which assistance is being provided under
29 this Code.
30 (2) A record establishing that the parent or
31 relative has been found guilty of public assistance fraud
32 under Article VIIIA.
33 (3) A determination by an appropriate person,
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1 entity, or agency that the parent or other relative
2 requires treatment for alcohol or substance abuse, mental
3 health services, or other special care or treatment.
4 The Department shall at least consider non-payment of
5 rent for two consecutive months as evidence of grant
6 mismanagement by a parent or relative of a recipient who is
7 responsible for making rental payments for the housing or
8 shelter of the child or family, unless the Department
9 determines that the non-payment is necessary for the
10 protection of the health and well-being of the recipient. The
11 County Department shall advise the parent or other relative
12 grantee that continued mismanagement will result in the
13 application of one of the sanctions specified in this
14 Section.
15 The Illinois Department shall consider irregular school
16 attendance by children of school age grades 1 through 8, as
17 evidence of lack of proper and necessary support or care.
18 The Department may extend this consideration to children in
19 grades higher than 8.
20 The Illinois Department shall develop preventive programs
21 in collaboration with school and social service networks to
22 encourage school attendance of children receiving assistance
23 under Article IV. To the extent that Illinois Department and
24 community resources are available, the programs shall serve
25 families whose children in grades 1 through 8 are not
26 attending school regularly, as defined by the school. The
27 Department may extend these programs to families whose
28 children are in grades higher than 8. The programs shall
29 include referrals from the school to a social service
30 network, assessment and development of a service plan by one
31 or more network representatives, and the Illinois
32 Department's encouragement of the family to follow through
33 with the service plan. Families that fail to follow the
34 service plan as determined by the service provider, shall be
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1 subject to the protective payment provisions of this Section
2 and Section 4-9 of this Code.
3 Families for whom a protective payment plan has been in
4 effect for at least 3 months and whose school children
5 continue to regularly miss school shall be subject to
6 sanction under Section 4-21. The sanction shall continue
7 until the children demonstrate satisfactory attendance, as
8 defined by the school. To the extent necessary to implement
9 this Section, the Illinois Department shall seek appropriate
10 waivers of federal requirements from the U.S. Department of
11 Health and Human Services.
12 The Illinois Department may implement the amendatory
13 changes to this Section made by this amendatory Act of 1995
14 through the use of emergency rules in accordance with the
15 provisions of Section 5-45 of the Illinois Administrative
16 Procedure Act. For purposes of the Illinois Administrative
17 Procedure Act, the adoption of rules to implement the
18 amendatory changes to this Section made by this amendatory
19 Act of 1995 shall be deemed an emergency and necessary for
20 the public interest, safety, and welfare.
21 (b) In areas of the State where clinically appropriate
22 substance abuse treatment capacity is available, if the local
23 office has reason to believe that a caretaker relative is
24 experiencing substance abuse, the local office shall refer
25 the caretaker relative to a licensed treatment provider for
26 assessment. If the assessment indicates that the caretaker
27 relative is experiencing substance abuse, the local office
28 shall require the caretaker relative to comply with all
29 treatment recommended by the assessment. If the caretaker
30 relative refuses without good cause, as determined by rules
31 of the Illinois Department, to submit to the assessment or
32 treatment, the caretaker relative shall be ineligible for
33 assistance, and the local office shall take one or more of
34 the following actions:
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1 (i) If there is another family member or friend who
2 is ensuring that the family's needs are being met, that
3 person, if willing, shall be assigned as protective
4 payee.
5 (ii) If there is no family member or close friend
6 to serve as protective payee, the local office shall
7 provide for a protective payment to a substitute payee as
8 provided in Section 4-9. The Department also shall
9 determine whether if a referral to the Department of
10 Children and Family Services is warranted and, if
11 appropriate, shall make the referral.
12 (iii) The Department shall contact the individual
13 who is thought to be experiencing substance abuse and
14 explain why the protective payee has been assigned and
15 refer the individual to treatment.
16 (c) This subsection (c) applies to cases other than
17 those described in subsection (b). If the efforts to correct
18 the mismanagement of the grant have failed, the County
19 Department, in accordance with the rules and regulations of
20 the Illinois Department, shall initiate one or more of the
21 following actions:
22 1. Provide for a protective payment to a substitute
23 payee, as provided in Section 4-9. This action may be
24 initiated for any assistance unit containing a child
25 determined to be neglected by the Department of Children
26 and Family Services under the Abused and Neglected Child
27 Reporting Act, and in any case involving a record of
28 public assistance fraud.
29 2. Provide for issuance of all or part of the grant
30 in the form of disbursing orders. This action may be
31 initiated in any case involving a record of public
32 assistance fraud, or upon the request of a substitute
33 payee designated under Section 4-9.
34 3. File a petition under the Juvenile Court Act of
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1 1987 for an Order of Protection under Sections 2-25,
2 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that
3 Act.
4 4. Institute a proceeding under the Juvenile Court
5 Act of 1987 for the appointment of a guardian or legal
6 representative for the purpose of receiving and managing
7 the public aid grant.
8 5. If the mismanagement of the grant, together with
9 other factors, have rendered the home unsuitable for the
10 best welfare of the child, file a neglect petition under
11 the Juvenile Court Act of 1987, requesting the removal of
12 the child or children.
13 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
14 eff. 1-1-98; revised 8-4-97.)
15 (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
16 Sec. 5-4. Amount and nature of medical assistance. The
17 amount and nature of medical assistance shall be determined
18 by the County Departments in accordance with the standards,
19 rules, and regulations of the Illinois Department of Public
20 Aid, with due regard to the requirements and conditions in
21 each case, including contributions available from legally
22 responsible relatives. However, the amount and nature of
23 such medical assistance shall not be affected by the payment
24 of any grant under the "Senior Citizens and Disabled Persons
25 Property Tax Relief and Pharmaceutical Assistance Act." The
26 amount and nature of medical assistance shall not be affected
27 by the receipt of donations or benefits from fundraisers in
28 cases of serious illness, as long as neither the person nor
29 members of the person's family have actual control over the
30 donations or benefits or the disbursement of the donations or
31 benefits.
32 In determining the income and assets available to the
33 institutionalized spouse and to the community spouse, the
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1 Illinois Department of Public Aid shall follow the procedures
2 established by federal law. The community spouse resource
3 allowance shall be established and maintained at the maximum
4 level permitted pursuant to Section 1924(f)(2) of the Social
5 Security Act, as now or hereafter amended, or an amount set
6 after a fair hearing, whichever is greater. The monthly
7 maintenance allowance for the community spouse shall be
8 established and maintained at the maximum level permitted
9 pursuant to Section 1924(d)(3)(C) of the Social Security Act,
10 as now or hereafter amended. Subject to the approval of the
11 Secretary of the United States Department of Health and Human
12 Services, the provisions of this Section shall be extended to
13 persons who but for the the provision of home or
14 community-based services under Section 4.02 of the Illinois
15 Act on the Aging, would require the level of care provided in
16 an institution, as is provided for in federal law.
17 The Department of Human Services shall notify in writing
18 each institutionalized spouse who is a recipient of medical
19 assistance under this Article, and each such person's
20 community spouse, of the changes in treatment of income and
21 resources, including provisions for protecting income for a
22 community spouse and permitting the transfer of resources to
23 a community spouse, required by enactment of the federal
24 Medicare Catastrophic Coverage Act of 1988 (Public Law
25 100-360). The notification shall be in language likely to be
26 easily understood by those persons. The Department of Human
27 Services also shall reassess the amount of medical assistance
28 for which each such recipient is eligible as a result of the
29 enactment of that federal Act, whether or not a recipient
30 requests such a reassessment.
31 (Source: P.A. 89-507, eff. 7-1-97; revised 7-7-97.)
32 (305 ILCS 5/5-16.3)
33 Sec. 5-16.3. System for integrated health care services.
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1 (a) It shall be the public policy of the State to adopt,
2 to the extent practicable, a health care program that
3 encourages the integration of health care services and
4 manages the health care of program enrollees while preserving
5 reasonable choice within a competitive and cost-efficient
6 environment. In furtherance of this public policy, the
7 Illinois Department shall develop and implement an integrated
8 health care program consistent with the provisions of this
9 Section. The provisions of this Section apply only to the
10 integrated health care program created under this Section.
11 Persons enrolled in the integrated health care program, as
12 determined by the Illinois Department by rule, shall be
13 afforded a choice among health care delivery systems, which
14 shall include, but are not limited to, (i) fee for service
15 care managed by a primary care physician licensed to practice
16 medicine in all its branches, (ii) managed health care
17 entities, and (iii) federally qualified health centers
18 (reimbursed according to a prospective cost-reimbursement
19 methodology) and rural health clinics (reimbursed according
20 to the Medicare methodology), where available. Persons
21 enrolled in the integrated health care program also may be
22 offered indemnity insurance plans, subject to availability.
23 For purposes of this Section, a "managed health care
24 entity" means a health maintenance organization or a managed
25 care community network as defined in this Section. A "health
26 maintenance organization" means a health maintenance
27 organization as defined in the Health Maintenance
28 Organization Act. A "managed care community network" means
29 an entity, other than a health maintenance organization, that
30 is owned, operated, or governed by providers of health care
31 services within this State and that provides or arranges
32 primary, secondary, and tertiary managed health care services
33 under contract with the Illinois Department exclusively to
34 enrollees of the integrated health care program. A managed
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1 care community network may contract with the Illinois
2 Department to provide only pediatric health care services. A
3 county provider as defined in Section 15-1 of this Code may
4 contract with the Illinois Department to provide services to
5 enrollees of the integrated health care program as a managed
6 care community network without the need to establish a
7 separate entity that provides services exclusively to
8 enrollees of the integrated health care program and shall be
9 deemed a managed care community network for purposes of this
10 Code only to the extent of the provision of services to those
11 enrollees in conjunction with the integrated health care
12 program. A county provider shall be entitled to contract
13 with the Illinois Department with respect to any contracting
14 region located in whole or in part within the county. A
15 county provider shall not be required to accept enrollees who
16 do not reside within the county.
17 Each managed care community network must demonstrate its
18 ability to bear the financial risk of serving enrollees under
19 this program. The Illinois Department shall by rule adopt
20 criteria for assessing the financial soundness of each
21 managed care community network. These rules shall consider
22 the extent to which a managed care community network is
23 comprised of providers who directly render health care and
24 are located within the community in which they seek to
25 contract rather than solely arrange or finance the delivery
26 of health care. These rules shall further consider a variety
27 of risk-bearing and management techniques, including the
28 sufficiency of quality assurance and utilization management
29 programs and whether a managed care community network has
30 sufficiently demonstrated its financial solvency and net
31 worth. The Illinois Department's criteria must be based on
32 sound actuarial, financial, and accounting principles. In
33 adopting these rules, the Illinois Department shall consult
34 with the Illinois Department of Insurance. The Illinois
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1 Department is responsible for monitoring compliance with
2 these rules.
3 This Section may not be implemented before the effective
4 date of these rules, the approval of any necessary federal
5 waivers, and the completion of the review of an application
6 submitted, at least 60 days before the effective date of
7 rules adopted under this Section, to the Illinois Department
8 by a managed care community network.
9 All health care delivery systems that contract with the
10 Illinois Department under the integrated health care program
11 shall clearly recognize a health care provider's right of
12 conscience under the Health Care Right of Conscience Act. In
13 addition to the provisions of that Act, no health care
14 delivery system that contracts with the Illinois Department
15 under the integrated health care program shall be required to
16 provide, arrange for, or pay for any health care or medical
17 service, procedure, or product if that health care delivery
18 system is owned, controlled, or sponsored by or affiliated
19 with a religious institution or religious organization that
20 finds that health care or medical service, procedure, or
21 product to violate its religious and moral teachings and
22 beliefs.
23 (b) The Illinois Department may, by rule, provide for
24 different benefit packages for different categories of
25 persons enrolled in the program. Mental health services,
26 alcohol and substance abuse services, services related to
27 children with chronic or acute conditions requiring
28 longer-term treatment and follow-up, and rehabilitation care
29 provided by a free-standing rehabilitation hospital or a
30 hospital rehabilitation unit may be excluded from a benefit
31 package if the State ensures that those services are made
32 available through a separate delivery system. An exclusion
33 does not prohibit the Illinois Department from developing and
34 implementing demonstration projects for categories of persons
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1 or services. Benefit packages for persons eligible for
2 medical assistance under Articles V, VI, and XII shall be
3 based on the requirements of those Articles and shall be
4 consistent with the Title XIX of the Social Security Act.
5 Nothing in this Act shall be construed to apply to services
6 purchased by the Department of Children and Family Services
7 and the Department of Human Services (as successor to the
8 Department of Mental Health and Developmental Disabilities)
9 under the provisions of Title 59 of the Illinois
10 Administrative Code, Part 132 ("Medicaid Community Mental
11 Health Services Program").
12 (c) The program established by this Section may be
13 implemented by the Illinois Department in various contracting
14 areas at various times. The health care delivery systems and
15 providers available under the program may vary throughout the
16 State. For purposes of contracting with managed health care
17 entities and providers, the Illinois Department shall
18 establish contracting areas similar to the geographic areas
19 designated by the Illinois Department for contracting
20 purposes under the Illinois Competitive Access and
21 Reimbursement Equity Program (ICARE) under the authority of
22 Section 3-4 of the Illinois Health Finance Reform Act or
23 similarly-sized or smaller geographic areas established by
24 the Illinois Department by rule. A managed health care entity
25 shall be permitted to contract in any geographic areas for
26 which it has a sufficient provider network and otherwise
27 meets the contracting terms of the State. The Illinois
28 Department is not prohibited from entering into a contract
29 with a managed health care entity at any time.
30 (c-5) A managed health care entity may not engage in
31 door-to-door marketing activities or marketing activities at
32 an office of the Illinois Department or a county department
33 in order to enroll in the entity's health care delivery
34 system persons who are enrolled in the integrated health care
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1 program established under this Section. The Illinois
2 Department shall adopt rules defining "marketing activities"
3 prohibited by this subsection (c-5).
4 Before a managed health care entity may market its health
5 care delivery system to persons enrolled in the integrated
6 health care program established under this Section, the
7 Illinois Department must approve a marketing plan submitted
8 by the entity to the Illinois Department. The Illinois
9 Department shall adopt guidelines for approving marketing
10 plans submitted by managed health care entities under this
11 subsection. Besides prohibiting door-to-door marketing
12 activities and marketing activities at public aid offices,
13 the guidelines shall include at least the following:
14 (1) A managed health care entity may not offer or
15 provide any gift, favor, or other inducement in marketing
16 its health care delivery system to integrated health care
17 program enrollees. A managed health care entity may
18 provide health care related items that are of nominal
19 value and pre-approved by the Illinois Department to
20 prospective enrollees. A managed health care entity may
21 also provide to enrollees health care related items that
22 have been pre-approved by the Illinois Department as an
23 incentive to manage their health care appropriately.
24 (2) All persons employed or otherwise engaged by a
25 managed health care entity to market the entity's health
26 care delivery system to integrated health care program
27 enrollees or to supervise that marketing shall register
28 with the Illinois Department.
29 The Inspector General appointed under Section 12-13.1 may
30 conduct investigations to determine whether the marketing
31 practices of managed health care entities participating in
32 the integrated health care program comply with the
33 guidelines.
34 (d) A managed health care entity that contracts with the
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1 Illinois Department for the provision of services under the
2 program shall do all of the following, solely for purposes of
3 the integrated health care program:
4 (1) Provide that any individual physician licensed
5 under the Medical Practice Act of 1987, any pharmacy, any
6 federally qualified health center, any therapeutically
7 certified optometrist, and any podiatrist, that
8 consistently meets the reasonable terms and conditions
9 established by the managed health care entity, including
10 but not limited to credentialing standards, quality
11 assurance program requirements, utilization management
12 requirements, financial responsibility standards,
13 contracting process requirements, and provider network
14 size and accessibility requirements, must be accepted by
15 the managed health care entity for purposes of the
16 Illinois integrated health care program. Notwithstanding
17 the preceding sentence, only a physician licensed to
18 practice medicine in all its branches shall act as a
19 primary care physician within a managed health care
20 entity for purposes of the Illinois integrated health
21 care program. Any individual who is either terminated
22 from or denied inclusion in the panel of physicians of
23 the managed health care entity shall be given, within 10
24 business days after that determination, a written
25 explanation of the reasons for his or her exclusion or
26 termination from the panel. This paragraph (1) does not
27 apply to the following:
28 (A) A managed health care entity that
29 certifies to the Illinois Department that:
30 (i) it employs on a full-time basis 125
31 or more Illinois physicians licensed to
32 practice medicine in all of its branches; and
33 (ii) it will provide medical services
34 through its employees to more than 80% of the
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1 recipients enrolled with the entity in the
2 integrated health care program; or
3 (B) A domestic stock insurance company
4 licensed under clause (b) of class 1 of Section 4 of
5 the Illinois Insurance Code if (i) at least 66% of
6 the stock of the insurance company is owned by a
7 professional corporation organized under the
8 Professional Service Corporation Act that has 125 or
9 more shareholders who are Illinois physicians
10 licensed to practice medicine in all of its branches
11 and (ii) the insurance company certifies to the
12 Illinois Department that at least 80% of those
13 physician shareholders will provide services to
14 recipients enrolled with the company in the
15 integrated health care program.
16 (2) Provide for reimbursement for providers for
17 emergency care, as defined by the Illinois Department by
18 rule, that must be provided to its enrollees, including
19 an emergency room screening fee, and urgent care that it
20 authorizes for its enrollees, regardless of the
21 provider's affiliation with the managed health care
22 entity. Providers shall be reimbursed for emergency care
23 at an amount equal to the Illinois Department's
24 fee-for-service rates for those medical services rendered
25 by providers not under contract with the managed health
26 care entity to enrollees of the entity.
27 (3) Provide that any provider affiliated with a
28 managed health care entity may also provide services on a
29 fee-for-service basis to Illinois Department clients not
30 enrolled in a managed health care entity.
31 (4) Provide client education services as determined
32 and approved by the Illinois Department, including but
33 not limited to (i) education regarding appropriate
34 utilization of health care services in a managed care
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1 system, (ii) written disclosure of treatment policies and
2 any restrictions or limitations on health services,
3 including, but not limited to, physical services,
4 clinical laboratory tests, hospital and surgical
5 procedures, prescription drugs and biologics, and
6 radiological examinations, and (iii) written notice that
7 the enrollee may receive from another provider those
8 services covered under this program that are not provided
9 by the managed health care entity.
10 (5) Provide that enrollees within its system may
11 choose the site for provision of services and the panel
12 of health care providers.
13 (6) Not discriminate in its enrollment or
14 disenrollment practices among recipients of medical
15 services or program enrollees based on health status.
16 (7) Provide a quality assurance and utilization
17 review program that (i) for health maintenance
18 organizations meets the requirements of the Health
19 Maintenance Organization Act and (ii) for managed care
20 community networks meets the requirements established by
21 the Illinois Department in rules that incorporate those
22 standards set forth in the Health Maintenance
23 Organization Act.
24 (8) Issue a managed health care entity
25 identification card to each enrollee upon enrollment.
26 The card must contain all of the following:
27 (A) The enrollee's signature.
28 (B) The enrollee's health plan.
29 (C) The name and telephone number of the
30 enrollee's primary care physician.
31 (D) A telephone number to be used for
32 emergency service 24 hours per day, 7 days per week.
33 The telephone number required to be maintained
34 pursuant to this subparagraph by each managed health
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1 care entity shall, at minimum, be staffed by
2 medically trained personnel and be provided
3 directly, or under arrangement, at an office or
4 offices in locations maintained solely within the
5 State of Illinois. For purposes of this
6 subparagraph, "medically trained personnel" means
7 licensed practical nurses or registered nurses
8 located in the State of Illinois who are licensed
9 pursuant to the Illinois Nursing Act of 1987.
10 (9) Ensure that every primary care physician and
11 pharmacy in the managed health care entity meets the
12 standards established by the Illinois Department for
13 accessibility and quality of care. The Illinois
14 Department shall arrange for and oversee an evaluation of
15 the standards established under this paragraph (9) and
16 may recommend any necessary changes to these standards.
17 The Illinois Department shall submit an annual report to
18 the Governor and the General Assembly by April 1 of each
19 year regarding the effect of the standards on ensuring
20 access and quality of care to enrollees.
21 (10) Provide a procedure for handling complaints
22 that (i) for health maintenance organizations meets the
23 requirements of the Health Maintenance Organization Act
24 and (ii) for managed care community networks meets the
25 requirements established by the Illinois Department in
26 rules that incorporate those standards set forth in the
27 Health Maintenance Organization Act.
28 (11) Maintain, retain, and make available to the
29 Illinois Department records, data, and information, in a
30 uniform manner determined by the Illinois Department,
31 sufficient for the Illinois Department to monitor
32 utilization, accessibility, and quality of care.
33 (12) Except for providers who are prepaid, pay all
34 approved claims for covered services that are completed
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1 and submitted to the managed health care entity within 30
2 days after receipt of the claim or receipt of the
3 appropriate capitation payment or payments by the managed
4 health care entity from the State for the month in which
5 the services included on the claim were rendered,
6 whichever is later. If payment is not made or mailed to
7 the provider by the managed health care entity by the due
8 date under this subsection, an interest penalty of 1% of
9 any amount unpaid shall be added for each month or
10 fraction of a month after the due date, until final
11 payment is made. Nothing in this Section shall prohibit
12 managed health care entities and providers from mutually
13 agreeing to terms that require more timely payment.
14 (13) Provide integration with community-based
15 programs provided by certified local health departments
16 such as Women, Infants, and Children Supplemental Food
17 Program (WIC), childhood immunization programs, health
18 education programs, case management programs, and health
19 screening programs.
20 (14) Provide that the pharmacy formulary used by a
21 managed health care entity and its contract providers be
22 no more restrictive than the Illinois Department's
23 pharmaceutical program on the effective date of this
24 amendatory Act of 1994 and as amended after that date.
25 (15) Provide integration with community-based
26 organizations, including, but not limited to, any
27 organization that has operated within a Medicaid
28 Partnership as defined by this Code or by rule of the
29 Illinois Department, that may continue to operate under a
30 contract with the Illinois Department or a managed health
31 care entity under this Section to provide case management
32 services to Medicaid clients in designated high-need
33 areas.
34 The Illinois Department may, by rule, determine
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1 methodologies to limit financial liability for managed health
2 care entities resulting from payment for services to
3 enrollees provided under the Illinois Department's integrated
4 health care program. Any methodology so determined may be
5 considered or implemented by the Illinois Department through
6 a contract with a managed health care entity under this
7 integrated health care program.
8 The Illinois Department shall contract with an entity or
9 entities to provide external peer-based quality assurance
10 review for the integrated health care program. The entity
11 shall be representative of Illinois physicians licensed to
12 practice medicine in all its branches and have statewide
13 geographic representation in all specialties of medical care
14 that are provided within the integrated health care program.
15 The entity may not be a third party payer and shall maintain
16 offices in locations around the State in order to provide
17 service and continuing medical education to physician
18 participants within the integrated health care program. The
19 review process shall be developed and conducted by Illinois
20 physicians licensed to practice medicine in all its branches.
21 In consultation with the entity, the Illinois Department may
22 contract with other entities for professional peer-based
23 quality assurance review of individual categories of services
24 other than services provided, supervised, or coordinated by
25 physicians licensed to practice medicine in all its branches.
26 The Illinois Department shall establish, by rule, criteria to
27 avoid conflicts of interest in the conduct of quality
28 assurance activities consistent with professional peer-review
29 standards. All quality assurance activities shall be
30 coordinated by the Illinois Department.
31 (e) All persons enrolled in the program shall be
32 provided with a full written explanation of all
33 fee-for-service and managed health care plan options and a
34 reasonable opportunity to choose among the options as
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1 provided by rule. The Illinois Department shall provide to
2 enrollees, upon enrollment in the integrated health care
3 program and at least annually thereafter, notice of the
4 process for requesting an appeal under the Illinois
5 Department's administrative appeal procedures.
6 Notwithstanding any other Section of this Code, the Illinois
7 Department may provide by rule for the Illinois Department to
8 assign a person enrolled in the program to a specific
9 provider of medical services or to a specific health care
10 delivery system if an enrollee has failed to exercise choice
11 in a timely manner. An enrollee assigned by the Illinois
12 Department shall be afforded the opportunity to disenroll and
13 to select a specific provider of medical services or a
14 specific health care delivery system within the first 30 days
15 after the assignment. An enrollee who has failed to exercise
16 choice in a timely manner may be assigned only if there are 3
17 or more managed health care entities contracting with the
18 Illinois Department within the contracting area, except that,
19 outside the City of Chicago, this requirement may be waived
20 for an area by rules adopted by the Illinois Department after
21 consultation with all hospitals within the contracting area.
22 The Illinois Department shall establish by rule the procedure
23 for random assignment of enrollees who fail to exercise
24 choice in a timely manner to a specific managed health care
25 entity in proportion to the available capacity of that
26 managed health care entity. Assignment to a specific provider
27 of medical services or to a specific managed health care
28 entity may not exceed that provider's or entity's capacity as
29 determined by the Illinois Department. Any person who has
30 chosen a specific provider of medical services or a specific
31 managed health care entity, or any person who has been
32 assigned under this subsection, shall be given the
33 opportunity to change that choice or assignment at least once
34 every 12 months, as determined by the Illinois Department by
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1 rule. The Illinois Department shall maintain a toll-free
2 telephone number for program enrollees' use in reporting
3 problems with managed health care entities.
4 (f) If a person becomes eligible for participation in
5 the integrated health care program while he or she is
6 hospitalized, the Illinois Department may not enroll that
7 person in the program until after he or she has been
8 discharged from the hospital. This subsection does not apply
9 to newborn infants whose mothers are enrolled in the
10 integrated health care program.
11 (g) The Illinois Department shall, by rule, establish
12 for managed health care entities rates that (i) are certified
13 to be actuarially sound, as determined by an actuary who is
14 an associate or a fellow of the Society of Actuaries or a
15 member of the American Academy of Actuaries and who has
16 expertise and experience in medical insurance and benefit
17 programs, in accordance with the Illinois Department's
18 current fee-for-service payment system, and (ii) take into
19 account any difference of cost to provide health care to
20 different populations based on gender, age, location, and
21 eligibility category. The rates for managed health care
22 entities shall be determined on a capitated basis.
23 The Illinois Department by rule shall establish a method
24 to adjust its payments to managed health care entities in a
25 manner intended to avoid providing any financial incentive to
26 a managed health care entity to refer patients to a county
27 provider, in an Illinois county having a population greater
28 than 3,000,000, that is paid directly by the Illinois
29 Department. The Illinois Department shall by April 1, 1997,
30 and annually thereafter, review the method to adjust
31 payments. Payments by the Illinois Department to the county
32 provider, for persons not enrolled in a managed care
33 community network owned or operated by a county provider,
34 shall be paid on a fee-for-service basis under Article XV of
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1 this Code.
2 The Illinois Department by rule shall establish a method
3 to reduce its payments to managed health care entities to
4 take into consideration (i) any adjustment payments paid to
5 hospitals under subsection (h) of this Section to the extent
6 those payments, or any part of those payments, have been
7 taken into account in establishing capitated rates under this
8 subsection (g) and (ii) the implementation of methodologies
9 to limit financial liability for managed health care entities
10 under subsection (d) of this Section.
11 (h) For hospital services provided by a hospital that
12 contracts with a managed health care entity, adjustment
13 payments shall be paid directly to the hospital by the
14 Illinois Department. Adjustment payments may include but
15 need not be limited to adjustment payments to:
16 disproportionate share hospitals under Section 5-5.02 of this
17 Code; primary care access health care education payments (89
18 Ill. Adm. Code 149.140); payments for capital, direct medical
19 education, indirect medical education, certified registered
20 nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
21 Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
22 Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
23 148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
24 Code 148.290(d)); perinatal center payments (89 Ill. Adm.
25 Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
26 Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
27 148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
28 148.290(h)); and outpatient indigent volume adjustments (89
29 Ill. Adm. Code 148.140(b)(5)).
30 (i) For any hospital eligible for the adjustment
31 payments described in subsection (h), the Illinois Department
32 shall maintain, through the period ending June 30, 1995,
33 reimbursement levels in accordance with statutes and rules in
34 effect on April 1, 1994.
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1 (j) Nothing contained in this Code in any way limits or
2 otherwise impairs the authority or power of the Illinois
3 Department to enter into a negotiated contract pursuant to
4 this Section with a managed health care entity, including,
5 but not limited to, a health maintenance organization, that
6 provides for termination or nonrenewal of the contract
7 without cause upon notice as provided in the contract and
8 without a hearing.
9 (k) Section 5-5.15 does not apply to the program
10 developed and implemented pursuant to this Section.
11 (l) The Illinois Department shall, by rule, define those
12 chronic or acute medical conditions of childhood that require
13 longer-term treatment and follow-up care. The Illinois
14 Department shall ensure that services required to treat these
15 conditions are available through a separate delivery system.
16 A managed health care entity that contracts with the
17 Illinois Department may refer a child with medical conditions
18 described in the rules adopted under this subsection directly
19 to a children's hospital or to a hospital, other than a
20 children's hospital, that is qualified to provide inpatient
21 and outpatient services to treat those conditions. The
22 Illinois Department shall provide fee-for-service
23 reimbursement directly to a children's hospital for those
24 services pursuant to Title 89 of the Illinois Administrative
25 Code, Section 148.280(a), at a rate at least equal to the
26 rate in effect on March 31, 1994. For hospitals, other than
27 children's hospitals, that are qualified to provide inpatient
28 and outpatient services to treat those conditions, the
29 Illinois Department shall provide reimbursement for those
30 services on a fee-for-service basis, at a rate at least equal
31 to the rate in effect for those other hospitals on March 31,
32 1994.
33 A children's hospital shall be directly reimbursed for
34 all services provided at the children's hospital on a
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1 fee-for-service basis pursuant to Title 89 of the Illinois
2 Administrative Code, Section 148.280(a), at a rate at least
3 equal to the rate in effect on March 31, 1994, until the
4 later of (i) implementation of the integrated health care
5 program under this Section and development of actuarially
6 sound capitation rates for services other than those chronic
7 or acute medical conditions of childhood that require
8 longer-term treatment and follow-up care as defined by the
9 Illinois Department in the rules adopted under this
10 subsection or (ii) March 31, 1996.
11 Notwithstanding anything in this subsection to the
12 contrary, a managed health care entity shall not consider
13 sources or methods of payment in determining the referral of
14 a child. The Illinois Department shall adopt rules to
15 establish criteria for those referrals. The Illinois
16 Department by rule shall establish a method to adjust its
17 payments to managed health care entities in a manner intended
18 to avoid providing any financial incentive to a managed
19 health care entity to refer patients to a provider who is
20 paid directly by the Illinois Department.
21 (m) Behavioral health services provided or funded by the
22 Department of Human Services, the Department of Children and
23 Family Services, and the Illinois Department shall be
24 excluded from a benefit package. Conditions of an organic or
25 physical origin or nature, including medical detoxification,
26 however, may not be excluded. In this subsection,
27 "behavioral health services" means mental health services and
28 subacute alcohol and substance abuse treatment services, as
29 defined in the Illinois Alcoholism and Other Drug Dependency
30 Act. In this subsection, "mental health services" includes,
31 at a minimum, the following services funded by the Illinois
32 Department, the Department of Human Services (as successor to
33 the Department of Mental Health and Developmental
34 Disabilities), or the Department of Children and Family
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1 Services: (i) inpatient hospital services, including related
2 physician services, related psychiatric interventions, and
3 pharmaceutical services provided to an eligible recipient
4 hospitalized with a primary diagnosis of psychiatric
5 disorder; (ii) outpatient mental health services as defined
6 and specified in Title 59 of the Illinois Administrative
7 Code, Part 132; (iii) any other outpatient mental health
8 services funded by the Illinois Department pursuant to the
9 State of Illinois Medicaid Plan; (iv) partial
10 hospitalization; and (v) follow-up stabilization related to
11 any of those services. Additional behavioral health services
12 may be excluded under this subsection as mutually agreed in
13 writing by the Illinois Department and the affected State
14 agency or agencies. The exclusion of any service does not
15 prohibit the Illinois Department from developing and
16 implementing demonstration projects for categories of persons
17 or services. The Department of Children and Family Services
18 and the Department of Human Services shall each adopt rules
19 governing the integration of managed care in the provision of
20 behavioral health services. The State shall integrate managed
21 care community networks and affiliated providers, to the
22 extent practicable, in any separate delivery system for
23 mental health services.
24 (n) The Illinois Department shall adopt rules to
25 establish reserve requirements for managed care community
26 networks, as required by subsection (a), and health
27 maintenance organizations to protect against liabilities in
28 the event that a managed health care entity is declared
29 insolvent or bankrupt. If a managed health care entity other
30 than a county provider is declared insolvent or bankrupt,
31 after liquidation and application of any available assets,
32 resources, and reserves, the Illinois Department shall pay a
33 portion of the amounts owed by the managed health care entity
34 to providers for services rendered to enrollees under the
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1 integrated health care program under this Section based on
2 the following schedule: (i) from April 1, 1995 through June
3 30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
4 through June 30, 2001, 80% of the amounts owed; and (iii)
5 from July 1, 2001 through June 30, 2005, 75% of the amounts
6 owed. The amounts paid under this subsection shall be
7 calculated based on the total amount owed by the managed
8 health care entity to providers before application of any
9 available assets, resources, and reserves. After June 30,
10 2005, the Illinois Department may not pay any amounts owed to
11 providers as a result of an insolvency or bankruptcy of a
12 managed health care entity occurring after that date. The
13 Illinois Department is not obligated, however, to pay amounts
14 owed to a provider that has an ownership or other governing
15 interest in the managed health care entity. This subsection
16 applies only to managed health care entities and the services
17 they provide under the integrated health care program under
18 this Section.
19 (o) Notwithstanding any other provision of law or
20 contractual agreement to the contrary, providers shall not be
21 required to accept from any other third party payer the rates
22 determined or paid under this Code by the Illinois
23 Department, managed health care entity, or other health care
24 delivery system for services provided to recipients.
25 (p) The Illinois Department may seek and obtain any
26 necessary authorization provided under federal law to
27 implement the program, including the waiver of any federal
28 statutes or regulations. The Illinois Department may seek a
29 waiver of the federal requirement that the combined
30 membership of Medicare and Medicaid enrollees in a managed
31 care community network may not exceed 75% of the managed care
32 community network's total enrollment. The Illinois
33 Department shall not seek a waiver of this requirement for
34 any other category of managed health care entity. The
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1 Illinois Department shall not seek a waiver of the inpatient
2 hospital reimbursement methodology in Section 1902(a)(13)(A)
3 of Title XIX of the Social Security Act even if the federal
4 agency responsible for administering Title XIX determines
5 that Section 1902(a)(13)(A) applies to managed health care
6 systems.
7 Notwithstanding any other provisions of this Code to the
8 contrary, the Illinois Department shall seek a waiver of
9 applicable federal law in order to impose a co-payment system
10 consistent with this subsection on recipients of medical
11 services under Title XIX of the Social Security Act who are
12 not enrolled in a managed health care entity. The waiver
13 request submitted by the Illinois Department shall provide
14 for co-payments of up to $0.50 for prescribed drugs and up to
15 $0.50 for x-ray services and shall provide for co-payments of
16 up to $10 for non-emergency services provided in a hospital
17 emergency room and up to $10 for non-emergency ambulance
18 services. The purpose of the co-payments shall be to deter
19 those recipients from seeking unnecessary medical care.
20 Co-payments may not be used to deter recipients from seeking
21 necessary medical care. No recipient shall be required to
22 pay more than a total of $150 per year in co-payments under
23 the waiver request required by this subsection. A recipient
24 may not be required to pay more than $15 of any amount due
25 under this subsection in any one month.
26 Co-payments authorized under this subsection may not be
27 imposed when the care was necessitated by a true medical
28 emergency. Co-payments may not be imposed for any of the
29 following classifications of services:
30 (1) Services furnished to person under 18 years of
31 age.
32 (2) Services furnished to pregnant women.
33 (3) Services furnished to any individual who is an
34 inpatient in a hospital, nursing facility, intermediate
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1 care facility, or other medical institution, if that
2 person is required to spend for costs of medical care all
3 but a minimal amount of his or her income required for
4 personal needs.
5 (4) Services furnished to a person who is receiving
6 hospice care.
7 Co-payments authorized under this subsection shall not be
8 deducted from or reduce in any way payments for medical
9 services from the Illinois Department to providers. No
10 provider may deny those services to an individual eligible
11 for services based on the individual's inability to pay the
12 co-payment.
13 Recipients who are subject to co-payments shall be
14 provided notice, in plain and clear language, of the amount
15 of the co-payments, the circumstances under which co-payments
16 are exempted, the circumstances under which co-payments may
17 be assessed, and their manner of collection.
18 The Illinois Department shall establish a Medicaid
19 Co-Payment Council to assist in the development of co-payment
20 policies for the medical assistance program. The Medicaid
21 Co-Payment Council shall also have jurisdiction to develop a
22 program to provide financial or non-financial incentives to
23 Medicaid recipients in order to encourage recipients to seek
24 necessary health care. The Council shall be chaired by the
25 Director of the Illinois Department, and shall have 6
26 additional members. Two of the 6 additional members shall be
27 appointed by the Governor, and one each shall be appointed by
28 the President of the Senate, the Minority Leader of the
29 Senate, the Speaker of the House of Representatives, and the
30 Minority Leader of the House of Representatives. The Council
31 may be convened and make recommendations upon the appointment
32 of a majority of its members. The Council shall be appointed
33 and convened no later than September 1, 1994 and shall report
34 its recommendations to the Director of the Illinois
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1 Department and the General Assembly no later than October 1,
2 1994. The chairperson of the Council shall be allowed to
3 vote only in the case of a tie vote among the appointed
4 members of the Council.
5 The Council shall be guided by the following principles
6 as it considers recommendations to be developed to implement
7 any approved waivers that the Illinois Department must seek
8 pursuant to this subsection:
9 (1) Co-payments should not be used to deter access
10 to adequate medical care.
11 (2) Co-payments should be used to reduce fraud.
12 (3) Co-payment policies should be examined in
13 consideration of other states' experience, and the
14 ability of successful co-payment plans to control
15 unnecessary or inappropriate utilization of services
16 should be promoted.
17 (4) All participants, both recipients and
18 providers, in the medical assistance program have
19 responsibilities to both the State and the program.
20 (5) Co-payments are primarily a tool to educate the
21 participants in the responsible use of health care
22 resources.
23 (6) Co-payments should not be used to penalize
24 providers.
25 (7) A successful medical program requires the
26 elimination of improper utilization of medical resources.
27 The integrated health care program, or any part of that
28 program, established under this Section may not be
29 implemented if matching federal funds under Title XIX of the
30 Social Security Act are not available for administering the
31 program.
32 The Illinois Department shall submit for publication in
33 the Illinois Register the name, address, and telephone number
34 of the individual to whom a request may be directed for a
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1 copy of the request for a waiver of provisions of Title XIX
2 of the Social Security Act that the Illinois Department
3 intends to submit to the Health Care Financing Administration
4 in order to implement this Section. The Illinois Department
5 shall mail a copy of that request for waiver to all
6 requestors at least 16 days before filing that request for
7 waiver with the Health Care Financing Administration.
8 (q) After the effective date of this Section, the
9 Illinois Department may take all planning and preparatory
10 action necessary to implement this Section, including, but
11 not limited to, seeking requests for proposals relating to
12 the integrated health care program created under this
13 Section.
14 (r) In order to (i) accelerate and facilitate the
15 development of integrated health care in contracting areas
16 outside counties with populations in excess of 3,000,000 and
17 counties adjacent to those counties and (ii) maintain and
18 sustain the high quality of education and residency programs
19 coordinated and associated with local area hospitals, the
20 Illinois Department may develop and implement a demonstration
21 program for managed care community networks owned, operated,
22 or governed by State-funded medical schools. The Illinois
23 Department shall prescribe by rule the criteria, standards,
24 and procedures for effecting this demonstration program.
25 (s) (Blank).
26 (t) On April 1, 1995 and every 6 months thereafter, the
27 Illinois Department shall report to the Governor and General
28 Assembly on the progress of the integrated health care
29 program in enrolling clients into managed health care
30 entities. The report shall indicate the capacities of the
31 managed health care entities with which the State contracts,
32 the number of clients enrolled by each contractor, the areas
33 of the State in which managed care options do not exist, and
34 the progress toward meeting the enrollment goals of the
HB1268 Enrolled -857- LRB9000999EGfg
1 integrated health care program.
2 (u) The Illinois Department may implement this Section
3 through the use of emergency rules in accordance with Section
4 5-45 of the Illinois Administrative Procedure Act. For
5 purposes of that Act, the adoption of rules to implement this
6 Section is deemed an emergency and necessary for the public
7 interest, safety, and welfare.
8 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
9 89-673, eff. 8-14-96; 90-14, eff. 7-1-97; 90-254, eff.
10 1-1-98; 90-538, eff. 12-1-97; revised 12-3-97.)
11 (305 ILCS 5/5-16.6)
12 Sec. 5-16.6. Provider compliance with certain
13 requirements. The Illinois Department shall inquire of
14 appropriate State agencies concerning the status of all
15 providers' compliance with State income tax requirements,
16 child support payments in accordance with Article X of this
17 Code, and educational loans guaranteed by the Illinois State
18 Scholarship Commission. The Illinois Department may suspend
19 from participation in the medical assistance program, after
20 reasonable notice and opportunity for a hearing in accordance
21 with Section 12-4.25 of Article V of this Code, those
22 providers not in compliance with these requirements, unless
23 payment arrangements acceptable to the appropriate State
24 agency are made.
25 (Source: P.A. 88-554, eff. 7-26-94; revised 12-18-97.)
26 (305 ILCS 5/5-22)
27 Sec. 5-22. Healthy Moms/Healthy Kids reporting
28 requirement. The Illinois Department shall submit a report
29 concerning the Healthy Moms/Healthy Kids Program on July 31,
30 1994 and on that day each year thereafter. The report shall
31 contain the following information:
32 (1) A list of each Primary Care Provider participating
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1 in the Healthy Moms/Healthy Kids Managed Care Program and the
2 following information for each listed provider:
3 (A) zip code;
4 (B) specialty (as indicated on their HMHK Managed
5 Care Provider Agreement);
6 (C) total number of patients that the provider has
7 agreed to enroll each month under the signed agreement
8 including the total number of pregnant women and the
9 total number of children each provider has agreed to
10 serve; and
11 (D) total number of unduplicated patients the
12 provider has enrolled (by month and for the year) under
13 the signed agreement including the number of pregnant
14 women and the total number of children.
15 (2) The unduplicated number of children who are Medicaid
16 enrolled in the Healthy Moms/Healthy Kids Managed Care
17 Program's target area during the year.
18 (3) The unduplicated number of children who were
19 enrolled in the Healthy Moms/Healthy Kids Managed Care
20 Program during the year:
21 (A) The unduplicated number of children who were
22 assigned to a Primary Care Provider enrolled physician.
23 (B) The unduplicated number of children who were
24 assigned to a Federally Qualified Health Center (number
25 of FQHC name).
26 (C) The unduplicated number of children who were
27 assigned to a hospital outpatient or other clinic type
28 (number of hospital outpatient or other clinic name).
29 (D) The unduplicated number of children who were
30 assigned to an HMO (number of HMO name).
31 (4) The unduplicated number of known pregnant women who
32 are Medicaid enrolled during their pregnancy in the Healthy
33 Moms/Healthy Kids Managed Care Program's target area during
34 the year.
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1 (5) The unduplicated number of pregnant women who were
2 enrolled in the Healthy Moms/Healthy Kids Managed Care
3 Program during the year:
4 (A) The unduplicated number of pregnant women who
5 were assigned to a Primary Care Provider enrolled
6 physician.
7 (B) The unduplicated number of pregnant women who
8 were assigned to a Federally Qualified Health Center
9 (number by FQHC name).
10 (C) The unduplicated number of pregnant women who
11 were assigned to a hospital outpatient or other clinic
12 type (number of hospital outpatient or other clinic
13 name).
14 (D) The unduplicated number of women who were
15 pregnant at the time of assignment to an HMO (number of
16 HMO name).
17 (6) The number of unduplicated children who were
18 Medicaid enrolled in the Healthy Moms/Healthy Kids Managed
19 Care Program's target area, but who were not enrolled with
20 one of the Primary Care Provider types or an HMO during the
21 year.
22 (7) The number of known unduplicated pregnant women who
23 were Medicaid enrolled in the Healthy Moms/Healthy Kids
24 Managed Care Program's target area but who were not enrolled
25 with one of the Primary Care Provider types or an HMO during
26 the year.
27 (8) The number of unduplicated children enrolled in the
28 Healthy Moms/Healthy Kids Managed Care Program who were
29 referred to a specialist, indicating the number of children
30 by specialty, as identified in the Medicaid Provider
31 Enrollment system.
32 (9) The number of unduplicated pregnant women enrolled
33 in the Healthy Moms/Healthy Kids Managed Care Program who
34 were referred to a specialist, indicating the number of
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1 pregnant women by specialty, as identified in the Medicaid
2 Provider Enrollment system.
3 (10) A list of each case management agency participating
4 in the Healthy Moms/Healthy Kids Managed Care Program and the
5 following information for each listed agency:
6 (A) name;
7 (B) address and zip code;
8 (C) the number of cases assigned by category (i.e.
9 ie. families with pregnant women; families with infants;
10 families with children over age one) by month and an
11 unduplicated total for the year; and
12 (D) the amount of payment for case management
13 services by month and a total for the year.
14 (11) A list of each case management agency participating
15 in the Healthy Moms/Healthy Kids Program (outside of the
16 target Healthy Moms/Healthy Kids Managed Care Program area)
17 and the following information for each listed agency:
18 (A) name;
19 (B) address and zip code;
20 (B-5) (C) county/area served;
21 (C) the number of cases assigned by category (i.e.
22 ie. families with pregnant women; families with infants;
23 families with children over age one) by month and an
24 unduplicated total for the year; and
25 (D) the amount of payment for case management
26 services by month and an unduplicated total for the year.
27 (12) The total number of physicians by county, who have
28 signed Healthy Moms/Healthy Kids Provider Agreements (outside
29 of the target Healthy Moms/Healthy Kids Managed Care Program
30 area).
31 (Source: P.A. 88-514; 88-670, eff. 12-2-94; revised
32 12-23-97.)
33 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
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1 Sec. 9A-9. Program Activities. The Department shall
2 establish education, training and placement activities by
3 rule. Not all of the same activities need be provided in
4 each county in the State. Such activities may include the
5 following:
6 (a) Education (Below post secondary). In the Education
7 (below post secondary) activity, the individual receives
8 information, referral, counseling services and support
9 services to increase the individual's employment potential.
10 Participants may be referred to testing, counseling and
11 education resources. Educational activities will include
12 basic and remedial education; English proficiency classes;
13 high school or its equivalency (e.g., GED) or alternative
14 education at the secondary level; and with any educational
15 program, structured study time to enhance successful
16 participation. An individual's participation in an education
17 program such as literacy, basic adult education, high school
18 equivalency (GED), or a remedial program shall be limited to
19 2 years unless the individual also is working or
20 participating in a work activity approved by the Illinois
21 Department as defined by rule; this requirement does not
22 apply, however, to students enrolled in high school.
23 (b) Job Skills Training (Vocational). Job Skills
24 Training is designed to increase the individual's ability to
25 obtain and maintain employment. Job Skills Training
26 activities will include vocational skill classes designed to
27 increase a participant's ability to obtain and maintain
28 employment. Job Skills Training may include certificate
29 programs.
30 (c) Job Readiness. The job readiness activity is
31 designed to enhance the quality of the individual's level of
32 participation in the world of work while learning the
33 necessary essentials to obtain and maintain employment. This
34 activity helps individuals gain the necessary job finding
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1 skills to help them find and retain employment that will lead
2 to economic independence.
3 (d) Job Search. Job Search may be conducted
4 individually or in groups. Job Search includes the provision
5 of counseling, job seeking skills training and information
6 dissemination. Group job search may include training in a
7 group session. Assignment exclusively to job search cannot
8 be in excess of 8 consecutive weeks (or its equivalent) in
9 any period of 12 consecutive months.
10 (e) Work Experience. Work Experience assignments may be
11 with private employers or not-for-profit or public agencies
12 in the State. The Illinois Department shall provide workers'
13 compensation coverage. Participants who are not members of a
14 2-parent assistance unit may not be assigned more hours than
15 their cash grant amount plus food stamps divided by the
16 minimum wage. Private employers and not-for-profit and
17 public agencies shall not use Work Experience participants to
18 displace regular employees. Participants in Work Experience
19 may perform work in the public interest (which otherwise
20 meets the requirements of this Section) for a federal office
21 or agency with its consent, and notwithstanding the
22 provisions of 31 U.S.C. 1342, or any other provision of law,
23 such agency may accept such services, but participants shall
24 not be considered federal employees for any purpose. A
25 participant shall be reassessed at the end of assignment to
26 Work Experience. The participant may be reassigned to Work
27 Experience or assigned to another activity, based on the
28 reassessment.
29 (f) On the Job Training. In On the Job Training, a
30 participant is hired by a private or public employer and
31 while engaged in productive work receives training that
32 provides knowledge or skills essential to full and adequate
33 performance of the job.
34 (g) Work Supplementation. In work supplementation, the
HB1268 Enrolled -863- LRB9000999EGfg
1 Department pays a wage subsidy to an employer who hires a
2 participant. The cash grant which a participant would
3 receive if not employed is diverted and the diverted cash
4 grant is used to pay the wage subsidy.
5 (h) Post Secondary Education. Post secondary education
6 must be administered by an educational institution accredited
7 under requirements of State law. The Illinois Department may
8 not approve an individual's participation in any
9 post-secondary education program, other than full-time,
10 short-term vocational training for a specific job, unless the
11 individual also is employed part-time, as defined by the
12 Illinois Department by rule.
13 (i) Self Initiated Education. Participants who are
14 attending an institution of higher education or a vocational
15 or technical program of their own choosing and who are in
16 good standing, may continue to attend and receive supportive
17 services only if the educational program is approved by the
18 Department, and is in conformity with the participant's
19 personal plan for achieving employment and self-sufficiency
20 and the participant is employed part-time, as defined by the
21 Illinois Department by rule.
22 (j) Job Development and Placement. Department staff
23 shall develop through contacts with public and private
24 employers unsubsidized job openings for participants. Job
25 interviews will be secured for clients by the marketing of
26 participants for specific job openings. Job ready
27 individuals may be assigned to Job Development and Placement.
28 (k) Job Retention. The job retention component is
29 designed to assist participants in retaining employment.
30 Initial employment expenses and job retention services are
31 provided. The individual's support service needs are
32 assessed and the individual receives counseling regarding job
33 retention skills.
34 (l) (Blank).
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1 (m) Pay-after-performance Program. A parent may be
2 required to participate in a pay-after-performance program in
3 which the parent must work a specified number of hours to
4 earn the grant. The program shall comply with provisions of
5 this Code governing work experience programs.
6 (n) (l) Community Service. A participant whose youngest
7 child is 13 years of age or older may be required to perform
8 at least 20 hours of community service per week as a
9 condition of eligibility for aid under Article IV. The
10 Illinois Department shall give priority to community service
11 placements in public schools, where participants can serve as
12 hall and lunchroom monitors, assist teachers, and perform
13 other appropriate services.
14 (Source: P.A. 89-289, eff. 1-1-96; 90-17, eff. 7-1-97;
15 90-457, eff. 1-1-98; revised 11-7-97.)
16 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
17 Sec. 10-10. Court enforcement; applicability also to
18 persons who are not applicants or recipients. Except where
19 the Illinois Department, by agreement, acts for the local
20 governmental unit, as provided in Section 10-3.1, local
21 governmental units shall refer to the State's Attorney or to
22 the proper legal representative of the governmental unit, for
23 judicial enforcement as herein provided, instances of
24 non-support or insufficient support when the dependents are
25 applicants or recipients under Article VI. The Child and
26 Spouse Support Unit established by Section 10-3.1 may
27 institute in behalf of the Illinois Department any actions
28 under this Section for judicial enforcement of the support
29 liability when the dependents are (a) applicants or
30 recipients under Articles III, IV, V or VII (b) applicants or
31 recipients in a local governmental unit when the Illinois
32 Department, by agreement, acts for the unit; or (c)
33 non-applicants or non-recipients who are receiving support
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1 enforcement services under this Article X, as provided in
2 Section 10-1. Where the Child and Spouse Support Unit has
3 exercised its option and discretion not to apply the
4 provisions of Sections 10-3 through 10-8, the failure by the
5 Unit to apply such provisions shall not be a bar to bringing
6 an action under this Section.
7 Action shall be brought in the circuit court to obtain
8 support, or for the recovery of aid granted during the period
9 such support was not provided, or both for the obtainment of
10 support and the recovery of the aid provided. Actions for
11 the recovery of aid may be taken separately or they may be
12 consolidated with actions to obtain support. Such actions
13 may be brought in the name of the person or persons requiring
14 support, or may be brought in the name of the Illinois
15 Department or the local governmental unit, as the case
16 requires, in behalf of such persons.
17 The court may enter such orders for the payment of moneys
18 for the support of the person as may be just and equitable
19 and may direct payment thereof for such period or periods of
20 time as the circumstances require, including support for a
21 period before the date the order for support is entered. The
22 order may be entered against any or all of the defendant
23 responsible relatives and may be based upon the proportionate
24 ability of each to contribute to the person's support.
25 The Court shall determine the amount of child support
26 (including child support for a period before the date the
27 order for child support is entered) by using the guidelines
28 and standards set forth in subsection (a) of Section 505 and
29 in Section 505.2 of the Illinois Marriage and Dissolution of
30 Marriage Act. For purposes of determining the amount of
31 child support to be paid for a period before the date the
32 order for child support is entered, there is a rebuttable
33 presumption that the responsible relative's net income for
34 that period was the same as his or her net income at the time
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1 the order is entered.
2 An order entered under this Section shall include a
3 provision requiring the obligor to report to the obligee and
4 to the clerk of court within 10 days each time the obligor
5 obtains new employment, and each time the obligor's
6 employment is terminated for any reason. The report shall be
7 in writing and shall, in the case of new employment, include
8 the name and address of the new employer. Failure to report
9 new employment or the termination of current employment, if
10 coupled with nonpayment of support for a period in excess of
11 60 days, is indirect criminal contempt. For any obligor
12 arrested for failure to report new employment bond shall be
13 set in the amount of the child support that should have been
14 paid during the period of unreported employment. An order
15 entered under this Section shall also include a provision
16 requiring the obligor and obligee parents to advise each
17 other of a change in residence within 5 days of the change
18 except when the court finds that the physical, mental, or
19 emotional health of a party or that of a minor child, or
20 both, would be seriously endangered by disclosure of the
21 party's address.
22 The Court shall determine the amount of maintenance using
23 the standards set forth in Section 504 of the Illinois
24 Marriage and Dissolution of Marriage Act.
25 Any new or existing support order entered by the court
26 under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. Any such judgment is subject to
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1 modification or termination only in accordance with Section
2 510 of the Illinois Marriage and Dissolution of Marriage Act.
3 A lien arises by operation of law against the real and
4 personal property of the noncustodial parent for each
5 installment of overdue support owed by the noncustodial
6 parent.
7 When an order is entered for the support of a minor, the
8 court may provide therein for reasonable visitation of the
9 minor by the person or persons who provided support pursuant
10 to the order. Whoever willfully refuses to comply with such
11 visitation order or willfully interferes with its enforcement
12 may be declared in contempt of court and punished therefor.
13 Except where the local governmental unit has entered into
14 an agreement with the Illinois Department for the Child and
15 Spouse Support Unit to act for it, as provided in Section
16 10-3.1, support orders entered by the court in cases
17 involving applicants or recipients under Article VI shall
18 provide that payments thereunder be made directly to the
19 local governmental unit. Orders for the support of all other
20 applicants or recipients shall provide that payments
21 thereunder be made directly to the Illinois Department. In
22 accordance with federal law and regulations, the Illinois
23 Department may continue to collect current maintenance
24 payments or child support payments, or both, after those
25 persons cease to receive public assistance and until
26 termination of services under Article X. The Illinois
27 Department shall pay the net amount collected to those
28 persons after deducting any costs incurred in making the
29 collection or any collection fee from the amount of any
30 recovery made. In both cases the order shall permit the
31 local governmental unit or the Illinois Department, as the
32 case may be, to direct the responsible relative or relatives
33 to make support payments directly to the needy person, or to
34 some person or agency in his behalf, upon removal of the
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1 person from the public aid rolls or upon termination of
2 services under Article X.
3 If the notice of support due issued pursuant to Section
4 10-7 directs that support payments be made directly to the
5 needy person, or to some person or agency in his behalf, and
6 the recipient is removed from the public aid rolls, court
7 action may be taken against the responsible relative
8 hereunder if he fails to furnish support in accordance with
9 the terms of such notice.
10 Actions may also be brought under this Section in behalf
11 of any person who is in need of support from responsible
12 relatives, as defined in Section 2-11 of Article II who is
13 not an applicant for or recipient of financial aid under this
14 Code. In such instances, the State's Attorney of the county
15 in which such person resides shall bring action against the
16 responsible relatives hereunder. If the Illinois Department,
17 as authorized by Section 10-1, extends the support services
18 provided by this Article to spouses and dependent children
19 who are not applicants or recipients under this Code, the
20 Child and Spouse Support Unit established by Section 10-3.1
21 shall bring action against the responsible relatives
22 hereunder and any support orders entered by the court in such
23 cases shall provide that payments thereunder be made directly
24 to the Illinois Department.
25 Whenever it is determined in a proceeding to establish or
26 enforce a child support or maintenance obligation that the
27 person owing a duty of support is unemployed, the court may
28 order the person to seek employment and report periodically
29 to the court with a diary, listing or other memorandum of his
30 or her efforts in accordance with such order. Additionally,
31 the court may order the unemployed person to report to the
32 Department of Employment Security for job search services or
33 to make application with the local Jobs Training Partnership
34 Act provider for participation in job search, training or
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1 work programs and where the duty of support is owed to a
2 child receiving support services under this Article X, the
3 court may order the unemployed person to report to the
4 Illinois Department for participation in job search, training
5 or work programs established under Section 9-6 and Article
6 IXA of this Code.
7 Whenever it is determined that a person owes past-due
8 support for a child receiving assistance under this Code, the
9 court shall order at the request of the Illinois Department:
10 (1) that the person pay the past-due support in
11 accordance with a plan approved by the court; or
12 (2) if the person owing past-due support is
13 unemployed, is subject to such a plan, and is not
14 incapacitated, that the person participate in such job
15 search, training, or work programs established under
16 Section 9-6 and Article IXA of this Code as the court
17 deems appropriate.
18 A determination under this Section shall not be
19 administratively reviewable by the procedures specified in
20 Sections 10-12, and 10-13 to 10-13.10. Any determination
21 under these Sections, if made the basis of court action under
22 this Section, shall not affect the de novo judicial
23 determination required under this Section.
24 A one-time charge of 20% is imposable upon the amount of
25 past-due child support owed on July 1, 1988 which has accrued
26 under a support order entered by the court. The charge shall
27 be imposed in accordance with the provisions of Section 10-21
28 of this Code and shall be enforced by the court upon
29 petition.
30 All orders for support, when entered or modified, shall
31 include a provision requiring the non-custodial parent to
32 notify the court and, in cases in which a party is receiving
33 child and spouse support services under this Article X, the
34 Illinois Department, within 7 days, (i) of the name, address,
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1 and telephone number of any new employer of the non-custodial
2 parent, (ii) whether the non-custodial parent has access to
3 health insurance coverage through the employer or other group
4 coverage and, if so, the policy name and number and the names
5 of persons covered under the policy, and (iii) of any new
6 residential or mailing address or telephone number of the
7 non-custodial parent. In any subsequent action to enforce a
8 support order, upon a sufficient showing that a diligent
9 effort has been made to ascertain the location of the
10 non-custodial parent, service of process or provision of
11 notice necessary in the case may be made at the last known
12 address of the non-custodial parent in any manner expressly
13 provided by the Code of Civil Procedure or this Code, which
14 service shall be sufficient for purposes of due process.
15 In cases in which a party is receiving child and spouse
16 support services under this Article X and the order for
17 support provides that child support payments be made to the
18 obligee, the Illinois Department of Public Aid may provide
19 notice to the obligor and the obligor's payor, when income
20 withholding is in effect under Section 10-16.2, to make all
21 payments after receipt of the Illinois Department's notice to
22 the clerk of the court until further notice by the Illinois
23 Department or order of the court. Copies of the notice shall
24 be provided to the obligee and the clerk. The clerk's copy
25 shall contain a proof of service on the obligor and the
26 obligor's payor, where applicable. The clerk shall file the
27 clerk's copy of the notice in the court file. The notice to
28 the obligor and the payor, if applicable, may be sent by
29 ordinary mail, certified mail, return receipt requested,
30 facsimile transmission, or other electronic process, or may
31 be served upon the obligor or payor using any method provided
32 by law for service of a summons. An obligor who fails to
33 comply with a notice provided under this paragraph is guilty
34 of a Class B misdemeanor. A payor who fails to comply with a
HB1268 Enrolled -871- LRB9000999EGfg
1 notice provided under this paragraph is guilty of a business
2 offense and subject to a fine of up to $1,000.
3 An order for support shall include a date on which the
4 current support obligation terminates. The termination date
5 shall be no earlier than the date on which the child covered
6 by the order will attain the age of majority or is otherwise
7 emancipated. The order for support shall state that the
8 termination date does not apply to any arrearage that may
9 remain unpaid on that date. Nothing in this paragraph shall
10 be construed to prevent the court from modifying the order.
11 Upon notification in writing or by electronic
12 transmission from the Illinois Department to the clerk of the
13 court that a person who is receiving support payments under
14 this Section is receiving services under the Child Support
15 Enforcement Program established by Title IV-D of the Social
16 Security Act, any support payments subsequently received by
17 the clerk of the court shall be transmitted in accordance
18 with the instructions of the Illinois Department until the
19 Illinois Department gives notice to the clerk of the court to
20 cease the transmittal. After providing the notification
21 authorized under this paragraph, the Illinois Department
22 shall be entitled as a party to notice of any further
23 proceedings in the case. The clerk of the court shall file a
24 copy of the Illinois Department's notification in the court
25 file. The clerk's failure to file a copy of the notification
26 in the court file shall not, however, affect the Illinois
27 Department's right to receive notice of further proceedings.
28 Payments under this Section to the Illinois Department
29 pursuant to the Child Support Enforcement Program established
30 by Title IV-D of the Social Security Act shall be paid into
31 the Child Support Enforcement Trust Fund. All other payments
32 under this Section to the Illinois Department shall be
33 deposited in the Public Assistance Recoveries Trust Fund.
34 Disbursements from these funds shall be as provided in
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1 Sections 12-9 and 12-10.2 of this Code. Payments received by
2 a local governmental unit shall be deposited in that unit's
3 General Assistance Fund.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
5 revised 12-23-97.)
6 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
7 Sec. 10-11. Administrative Orders. In lieu of actions
8 for court enforcement of support under Section 10-10, the
9 Child and Spouse Support Unit of the Illinois Department, in
10 accordance with the rules of the Illinois Department, may
11 issue an administrative order requiring the responsible
12 relative to comply with the terms of the determination and
13 notice of support due, determined and issued under Sections
14 10-6 and 10-7. The Unit may also enter an administrative
15 order under subsection (b) of Section 10-7. The
16 administrative order shall be served upon the responsible
17 relative by United States registered or certified mail.
18 If a responsible relative fails to petition the Illinois
19 Department for release from or modification of the
20 administrative order, as provided in Section 10-12, the order
21 shall become final and there shall be no further
22 administrative or judicial remedy. Likewise a decision by
23 the Illinois Department as a result of an administrative
24 hearing, as provided in Sections 10-13 to 10-13.10, shall
25 become final and enforceable if not judicially reviewed under
26 the Administrative Review Law, as provided in Section 10-14.
27 Any new or existing support order entered by the Illinois
28 Department under this Section shall be deemed to be a series
29 of judgments against the person obligated to pay support
30 thereunder, each such judgment to be in the amount of each
31 payment or installment of support and each such judgment to
32 be deemed entered as of the date the corresponding payment or
33 installment becomes due under the terms of the support order.
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1 Each such judgment shall have the full force, effect and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. Any such judgment is subject to
4 modification or termination only in accordance with Section
5 510 of the Illinois Marriage and Dissolution of Marriage Act.
6 A lien arises by operation of law against the real and
7 personal property of the noncustodial parent for each
8 installment of overdue support owed by the noncustodial
9 parent.
10 An order entered under this Section shall include a
11 provision requiring the obligor to report to the obligee and
12 to the clerk of court within 10 days each time the obligor
13 obtains new employment, and each time the obligor's
14 employment is terminated for any reason. The report shall be
15 in writing and shall, in the case of new employment, include
16 the name and address of the new employer. Failure to report
17 new employment or the termination of current employment, if
18 coupled with nonpayment of support for a period in excess of
19 60 days, is indirect criminal contempt. For any obligor
20 arrested for failure to report new employment bond shall be
21 set in the amount of the child support that should have been
22 paid during the period of unreported employment. An order
23 entered under this Section shall also include a provision
24 requiring the obligor and obligee parents to advise each
25 other of a change in residence within 5 days of the change
26 except when the court finds that the physical, mental, or
27 emotional health of a party or that of a minor child, or
28 both, would be seriously endangered by disclosure of the
29 party's address.
30 A one-time charge of 20% is imposable upon the amount of
31 past-due child support owed on July 1, 1988, which has
32 accrued under a support order entered by the Illinois
33 Department under this Section. The charge shall be imposed
34 in accordance with the provisions of Section 10-21 and shall
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1 be enforced by the court in a suit filed under Section 10-15.
2 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
3 revised 12-23-97.)
4 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
5 Sec. 10-16.2. Withholding of Income to Secure Payment of
6 Support.
7 (A) Definitions.
8 (1) "Order for support" means any order of the court
9 which provides for periodic payment of funds for the support
10 of a child or maintenance of a spouse, whether temporary or
11 final, and includes any such order which provides for:
12 (a) Modification or resumption of, or payment of
13 arrearage accrued under, a previously existing order;
14 (b) Reimbursement of support; or
15 (c) Enrollment in a health insurance plan that is
16 available to the obligor through an employer or labor
17 union or trade union.
18 (2) "Arrearage" means the total amount of unpaid support
19 obligations as determined by the court and incorporated into
20 an order for support.
21 (3) "Delinquency" means any payment under an order for
22 support which becomes due and remains unpaid after entry of
23 the order for support.
24 (4) "Income" means any form of periodic payment to an
25 individual, regardless of source, including, but not limited
26 to: wages, salary, commission, compensation as an independent
27 contractor, workers' compensation, disability, annuity,
28 pension, and retirement benefits, lottery prize awards,
29 insurance proceeds, vacation pay, bonuses, profit-sharing
30 payments, interest, and any other payments, made by any
31 person, private entity, federal or state government, any unit
32 of local government, school district or any entity created by
33 Public Act; however, "income" excludes:
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1 (a) Any amounts required by law to be withheld,
2 other than creditor claims, including, but not limited
3 to, federal, State and local taxes, Social Security and
4 other retirement and disability contributions;
5 (b) Union dues;
6 (c) Any amounts exempted by the federal Consumer
7 Credit Protection Act;
8 (d) Public assistance payments; and
9 (e) Unemployment insurance benefits except as
10 provided by law.
11 Any other State or local laws which limit or exempt
12 income or the amount or percentage of income that can be
13 withheld shall not apply.
14 (5) "Obligor" means the individual who owes a duty to
15 make payments under an order for support.
16 (6) "Obligee" means the individual to whom a duty of
17 support is owed or the individual's legal representative.
18 (7) "Payor" means any payor of income to an obligor.
19 (8) "Public office" means any elected official or any
20 State or local agency which is or may become responsible by
21 law for enforcement of, or which is or may become authorized
22 to enforce, an order for support, including, but not limited
23 to: the Attorney General, the Illinois Department of Public
24 Aid, the Illinois Department of Human Services (as successor
25 to the Department of Mental Health and Developmental
26 Disabilities), the Illinois Department of Children and Family
27 Services, and the various State's Attorneys, Clerks of the
28 Circuit Court and supervisors of general assistance.
29 (9) "Premium" means the dollar amount for which the
30 obligor is liable to his employer or labor union or trade
31 union and which must be paid to enroll or maintain a child in
32 a health insurance plan that is available to the obligor
33 through an employer or labor union or trade union.
34 (B) Entry of Order for Support Containing Income Withholding
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1 Provisions; Income Withholding Notice.
2 (1) In addition to any content required under other
3 laws, every order for support entered on or after July 1,
4 1997, shall:
5 (a) Require an income withholding notice to be
6 prepared and served immediately upon any payor of the
7 obligor by the obligee or public office, unless a written
8 agreement is reached between and signed by both parties
9 providing for an alternative arrangement, approved and
10 entered into the record by the court, which ensures
11 payment of support. In that case, the order for support
12 shall provide that an income withholding notice is to be
13 prepared and served only if the obligor becomes
14 delinquent in paying the order for support; and
15 (b) Contain a dollar amount to be paid until
16 payment in full of any delinquency that accrues after
17 entry of the order for support. The amount for payment
18 of delinquency shall not be less than 20% of the total of
19 the current support amount and the amount to be paid
20 periodically for payment of any arrearage stated in the
21 order for support; and
22 (c) Include the obligor's Social Security Number,
23 which the obligor shall disclose to the court. If the
24 obligor is not a United States citizen, the obligor shall
25 disclose to the court, and the court shall include in the
26 order for support, the obligor's alien registration
27 number, passport number, and home country's social
28 security or national health number, if applicable.
29 (2) At the time the order for support is entered, the
30 Clerk of the Circuit Court shall provide a copy of the order
31 to the obligor and shall make copies available to the obligee
32 and public office.
33 (3) The income withholding notice shall:
34 (a) Be in the standard format prescribed by the
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1 federal Department of Health and Human Services; and
2 (b) Direct any payor to withhold the dollar amount
3 required for current support under the order for support;
4 and
5 (c) Direct any payor to withhold the dollar amount
6 required to be paid periodically under the order for
7 support for payment of the amount of any arrearage stated
8 in the order for support; and
9 (d) Direct any payor or labor union or trade union
10 to enroll a child as a beneficiary of a health insurance
11 plan and withhold or cause to be withheld, if applicable,
12 any required premiums; and
13 (e) State the amount of the payor income
14 withholding fee specified under this Section; and
15 (f) State that the amount actually withheld from
16 the obligor's income for support and other purposes,
17 including the payor withholding fee specified under this
18 Section, may not be in excess of the maximum amount
19 permitted under the federal Consumer Credit Protection
20 Act; and
21 (g) State the duties of the payor and the fines and
22 penalties for failure to withhold and pay over income and
23 for discharging, disciplining, refusing to hire, or
24 otherwise penalizing the obligor because of the duty to
25 withhold and pay over income under this Section; and
26 (h) State the rights, remedies, and duties of the
27 obligor under this Section; and
28 (i) Include the obligor's Social Security Number;
29 and
30 (j) Include the date that withholding for current
31 support terminates, which shall be the date of
32 termination of the current support obligation set forth
33 in the order for support.
34 (4) The accrual of a delinquency as a condition for
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1 service of an income withholding notice, under the exception
2 to immediate withholding in paragraph (1) of this subsection,
3 shall apply only to the initial service of an income
4 withholding notice on a payor of the obligor.
5 (5) Notwithstanding the exception to immediate
6 withholding contained in paragraph (1) of this subsection, if
7 the court finds at the time of any hearing that an arrearage
8 has accrued, the court shall order immediate service of an
9 income withholding notice upon the payor.
10 (6) If the order for support, under the exception to
11 immediate withholding contained in paragraph (1) of this
12 subsection, provides that an income withholding notice is to
13 be prepared and served only if the obligor becomes delinquent
14 in paying the order for support, the obligor may execute a
15 written waiver of that condition and request immediate
16 service on the payor.
17 (7) The obligee or public office may serve the income
18 withholding notice on the payor or its superintendent,
19 manager, or other agent by ordinary mail or certified mail
20 return receipt requested, by facsimile transmission or other
21 electronic means, by personal delivery, or by any method
22 provided by law for service of a summons. At the time of
23 service on the payor and as notice that withholding has
24 commenced, the obligee or public office shall serve a copy of
25 the income withholding notice on the obligor by ordinary mail
26 addressed to his or her last known address. Proofs of
27 service on the payor and the obligor shall be filed with the
28 Clerk of the Circuit Court.
29 (8) At any time after the initial service of an income
30 withholding notice under this Section, any other payor of the
31 obligor may be served with the same income withholding notice
32 without further notice to the obligor.
33 (9) (4) New service of an income order for withholding
34 notice is not required in order to resume withholding of
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1 income in the case of an obligor with respect to whom an
2 income order for withholding notice was previously served on
3 the payor if withholding of income was terminated because of
4 an interruption in the obligor's employment of less than 180
5 days.
6 (C) Income Withholding After Accrual of Delinquency.
7 (1) Whenever an obligor accrues a delinquency, the
8 obligee or public office may prepare and serve upon the
9 obligor's payor an income withholding notice that:
10 (a) Contains the information required under
11 paragraph (3) of subsection (B); and
12 (b) Contains a computation of the period and total
13 amount of the delinquency as of the date of the notice;
14 and
15 (c) Directs the payor to withhold the dollar amount
16 required to be withheld periodically under the order for
17 support for payment of the delinquency.
18 (2) The income withholding notice and the obligor's copy
19 of the income withholding notice shall be served as provided
20 in paragraph (7) of subsection (B).
21 (3) The obligor may contest withholding commenced under
22 this subsection by filing a petition to contest withholding
23 with the Clerk of the Circuit Court within 20 days after
24 service of a copy of the income withholding notice on the
25 obligor. However, the grounds for the petition to contest
26 withholding shall be limited to:
27 (a) A dispute concerning the existence or amount of
28 the delinquency; or
29 (b) The identity of the obligor.
30 The Clerk of the Circuit Court shall notify the obligor
31 and the obligee or public office of the time and place of the
32 hearing on the petition to contest withholding. The court
33 shall hold the hearing pursuant to the provisions of
34 subsection (F).
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1 (D) Initiated Withholding.
2 (1) Notwithstanding any other provision of this Section,
3 if the court has not required that income withholding take
4 effect immediately, the obligee or public office may initiate
5 withholding, regardless of whether a delinquency has accrued,
6 by preparing and serving an income withholding notice on the
7 payor that contains the information required under paragraph
8 (3) of subsection (B) and states that the parties' written
9 agreement providing an alternative arrangement to immediate
10 withholding under paragraph (1) of subsection (B) no longer
11 ensures payment of support and the reason or reasons why it
12 does not.
13 (2) The income withholding notice and the obligor's copy
14 of the income withholding notice shall be served as provided
15 in paragraph (7) of subsection (B).
16 (3) The obligor may contest withholding commenced under
17 this subsection by filing a petition to contest withholding
18 with the Clerk of the Circuit Court within 20 days after
19 service of a copy of the income withholding notice on the
20 obligor. However, the grounds for the petition shall be
21 limited to a dispute concerning:
22 (a) whether the parties' written agreement providing
23 an alternative arrangement to immediate withholding under
24 paragraph (1) of subsection (B) continues to ensure
25 payment of support; or
26 (b) the identity of the obligor.
27 It shall not be grounds for filing a petition that the
28 obligor has made all payments due by the date of the
29 petition.
30 (4) If the obligor files a petition contesting
31 withholding within the 20-day period required under paragraph
32 (3), the Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office, as appropriate, of the time
34 and place of the hearing on the petition. The court shall
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1 hold the hearing pursuant to the provisions of subsection
2 (F). regular or facsimile regular or facsimile
3 (E) Duties of Payor.
4 (1) It shall be the duty of any payor who has been
5 served with an income withholding notice to deduct and pay
6 over income as provided in this subsection. The payor shall
7 deduct the amount designated in the income withholding
8 notice, as supplemented by any notice provided pursuant to
9 paragraph (6) of subsection (G), beginning no later than the
10 next payment of income which is payable or creditable to the
11 obligor that occurs 14 days following the date the income
12 withholding notice was mailed, sent by facsimile or other
13 electronic means, or placed for personal delivery to or
14 service on the payor. The payor may combine all amounts
15 withheld for the benefit of an obligee or public office into
16 a single payment and transmit the payment with a listing of
17 obligors from whom withholding has been effected. The payor
18 shall pay the amount withheld to the obligee or public office
19 within 7 business days after the date the amount would (but
20 for the duty to withhold income) have been paid or credited
21 to the obligor. If the payor knowingly fails to pay any
22 amount withheld to the obligee or public office within 7
23 business days after the date the amount would have been paid
24 or credited to the obligor, the payor shall pay a penalty of
25 $100 for each day that the withheld amount is not paid to the
26 obligee or public office after the period of 7 business days
27 has expired. The failure of a payor, on more than one
28 occasion, to pay amounts withheld to the obligee or public
29 office within 7 business days after the date the amount would
30 have been paid or credited to the obligor creates a
31 presumption that the payor knowingly failed to pay over the
32 amounts. This penalty may be collected in a civil action
33 which may be brought against the payor in favor of the
34 obligee or public office. A finding of a payor's
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1 nonperformance within the time required under this Section
2 must be documented by a certified mail return receipt showing
3 the date the income order for withholding notice was served
4 on the payor. For purposes of this Section, a withheld amount
5 shall be considered paid by a payor on the date it is mailed
6 by the payor, or on the date an electronic funds transfer of
7 the amount has been initiated by the payor, or on the date
8 delivery of the amount has been initiated by the payor. For
9 each deduction, the payor shall provide the obligee or public
10 office, at the time of transmittal, with the date the amount
11 would (but for the duty to withhold income) have been paid or
12 credited to the obligor.
13 Upon receipt of an income withholding notice requiring
14 that a minor child be named as a beneficiary of a health
15 insurance plan available through an employer or labor union
16 or trade union, the employer or labor union or trade union
17 shall immediately enroll the minor child as a beneficiary in
18 the health insurance plan designated by the income
19 withholding notice. The employer shall withhold any required
20 premiums and pay over any amounts so withheld and any
21 additional amounts the employer pays to the insurance carrier
22 in a timely manner. The employer or labor union or trade
23 union shall mail to the obligee, within 15 days of enrollment
24 or upon request, notice of the date of coverage, information
25 on the dependent coverage plan, and all forms necessary to
26 obtain reimbursement for covered health expenses, such as
27 would be made available to a new employee. When an order for
28 dependent coverage is in effect and the insurance coverage is
29 terminated or changed for any reason, the employer or labor
30 union or trade union shall notify the obligee within 10 days
31 of the termination or change date along with notice of
32 conversion privileges.
33 For withholding of income, the payor shall be entitled to
34 receive a fee not to exceed $5 per month to be taken from the
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1 income to be paid to the obligor.
2 (2) Whenever the obligor is no longer receiving income
3 from the payor, the payor shall return a copy of the income
4 withholding notice to the obligee or public office and shall
5 provide information for the purpose of enforcing this
6 Section.
7 (3) Withholding of income under this Section shall be
8 made without regard to any prior or subsequent garnishments,
9 attachments, wage assignments, or any other claims of
10 creditors. Withholding of income under this Section shall
11 not be in excess of the maximum amounts permitted under the
12 federal Consumer Credit Protection Act. If the payor has been
13 served with more than one income withholding notice
14 pertaining to the same obligor, the payor shall allocate
15 income available for withholding on a proportionate share
16 basis, giving priority to current support payments. If there
17 is any income available for withholding after withholding for
18 all current support obligations, the payor shall allocate the
19 income to past due support payments ordered in cases in which
20 cash assistance under this Code is not being provided to the
21 obligee and then to past due support payments ordered in
22 cases in which cash assistance under this Code is being
23 provided to the obligee, both on a proportionate share basis.
24 A payor who complies with an income withholding notice that
25 is regular on its face shall not be subject to civil
26 liability with respect to any individual, any agency, or any
27 creditor of the obligor for conduct in compliance with the
28 notice.
29 (4) No payor shall discharge, discipline, refuse to hire
30 or otherwise penalize any obligor because of the duty to
31 withhold income.
32 (F) Petitions to Contest Withholding or to Modify, Suspend,
33 Terminate, or Correct Income Withholding Notices.
34 (1) When an obligor files a petition to contest
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1 withholding, the court, after due notice to all parties,
2 shall hear the matter as soon as practicable and shall enter
3 an order granting or denying relief, ordering service of an
4 amended income withholding notice, where applicable, or
5 otherwise resolving the matter.
6 The court shall deny the obligor's petition if the court
7 finds that when the income withholding notice was mailed,
8 sent by facsimile transmission or other electronic means, or
9 placed for personal delivery to or service on the payor:
10 (a) A delinquency existed; or
11 (b) The parties' written agreement providing an
12 alternative arrangement to immediate withholding under
13 paragraph (1) of subsection (B) no longer ensured payment
14 of support.
15 (2) At any time, an obligor, obligee, public office or
16 Clerk of the Circuit Court may petition the court to:
17 (a) Modify, suspend or terminate the income
18 withholding notice because of a modification, suspension
19 or termination of the underlying order for support; or
20 (b) Modify the amount of income to be withheld to
21 reflect payment in full or in part of the delinquency or
22 arrearage by income withholding or otherwise; or
23 (c) Suspend the income withholding notice because
24 of inability to deliver income withheld to the obligee
25 due to the obligee's failure to provide a mailing address
26 or other means of delivery.
27 (3) At any time an obligor may petition the court to
28 correct a term contained in an income withholding notice to
29 conform to that stated in the underlying order for support
30 for:
31 (a) The amount of current support;
32 (b) The amount of the arrearage;
33 (c) The periodic amount for payment of the
34 arrearage; or
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1 (d) The periodic amount for payment of the
2 delinquency.
3 (4) The obligor, obligee or public office shall serve on
4 the payor, in the manner provided for service of income
5 withholding notices in paragraph (7) of subsection (B), a
6 copy of any order entered pursuant to this subsection that
7 affects the duties of the payor.
8 (5) At any time, a public office or Clerk of the Circuit
9 Court may serve a notice on the payor to:
10 (a) Cease withholding of income for payment of
11 current support for a child when the support obligation
12 for that child has automatically ceased under the order
13 for support through emancipation or otherwise; or
14 (b) Cease withholding of income for payment of
15 delinquency or arrearage when the delinquency or
16 arrearage has been paid in full.
17 (6) The notice provided for under paragraph (5) of this
18 subsection shall be served on the payor in the manner
19 provided for service of income withholding notices in
20 paragraph (7) of subsection (B), and a copy shall be provided
21 to the obligor and the obligee.
22 (7) The income withholding notice shall continue to be
23 binding upon the payor until service of an amended income
24 withholding notice or any order of the court or notice
25 entered or provided for under this subsection.
26 (G) Additional Duties.
27 (1) An obligee who is receiving income withholding
28 payments under this Section shall notify the payor, if the
29 obligee receives the payments directly from the payor, or the
30 public office or the Clerk of the Circuit Court, as
31 appropriate, of any change of address within 7 days of such
32 change.
33 (2) An obligee who is a recipient of public aid shall
34 send a copy of any income withholding notice served by the
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1 obligee to the Division of Child Support Enforcement of the
2 Illinois Department of Public Aid.
3 (3) Each obligor shall notify the obligee, the public
4 office, and the Clerk of the Circuit Court of any change of
5 address within 7 days.
6 (4) An obligor whose income is being withheld or who has
7 been served with a notice of delinquency pursuant to this
8 Section shall notify the obligee, the public office, and the
9 Clerk of the Circuit Court of any new payor, within 7 days.
10 (5) When the Illinois Department of Public Aid is no
11 longer authorized to receive payments for the obligee, it
12 shall, within 7 days, notify the payor or, where appropriate,
13 the Clerk of the Circuit Court, to redirect income
14 withholding payments to the obligee.
15 (6) The obligee or public office shall provide notice to
16 the payor and Clerk of the Circuit Court of any other support
17 payment made, including but not limited to, a set-off under
18 federal and State law or partial payment of the delinquency
19 or arrearage, or both.
20 (7) Any public office and Clerk of the Circuit Court
21 which collects, disburses or receives payments pursuant to
22 income withholding notices shall maintain complete, accurate,
23 and clear records of all payments and their disbursements.
24 Certified copies of payment records maintained by a public
25 office or Clerk of the Circuit Court shall, without further
26 proof, be admitted into evidence in any legal proceedings
27 under this Section.
28 (8) The Illinois Department of Public Aid shall design
29 suggested legal forms for proceeding under this Section and
30 shall make available to the courts such forms and
31 informational materials which describe the procedures and
32 remedies set forth herein for distribution to all parties in
33 support actions.
34 (9) At the time of transmitting each support payment,
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1 the clerk of the circuit court shall provide the obligee or
2 public office, as appropriate, with any information furnished
3 by the payor as to the date the amount would (but for the
4 duty to withhold income) have been paid or credited to the
5 obligor.
6 (H) Penalties.
7 (1) Where a payor wilfully fails to withhold or pay over
8 income pursuant to a properly served income withholding
9 notice, or wilfully discharges, disciplines, refuses to hire
10 or otherwise penalizes an obligor as prohibited by subsection
11 (E), or otherwise fails to comply with any duties imposed by
12 this Section, the obligee, public office or obligor, as
13 appropriate, may file a complaint with the court against the
14 payor. The clerk of the circuit court shall notify the
15 obligee or public office, as appropriate, and the obligor and
16 payor of the time and place of the hearing on the complaint.
17 The court shall resolve any factual dispute including, but
18 not limited to, a denial that the payor is paying or has paid
19 income to the obligor. Upon a finding in favor of the
20 complaining party, the court:
21 (a) Shall enter judgment and direct the enforcement
22 thereof for the total amount that the payor wilfully
23 failed to withhold or pay over; and
24 (b) May order employment or reinstatement of or
25 restitution to the obligor, or both, where the obligor
26 has been discharged, disciplined, denied employment or
27 otherwise penalized by the payor and may impose a fine
28 upon the payor not to exceed $200.
29 (2) Any obligee, public office or obligor who wilfully
30 initiates a false proceeding under this Section or who
31 wilfully fails to comply with the requirements of this
32 Section shall be punished as in cases of contempt of court.
33 (I) Alternative Procedures for Service of an Income
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1 Withholding Notice.
2 (1) The procedures of this subsection may be used in any
3 matter to serve an income withholding notice on a payor if:
4 (a) For any reason the most recent order for
5 support entered does not contain the income withholding
6 provisions required under subsection (B), irrespective of
7 whether a separate order for withholding was entered
8 prior to July 1, 1997; and
9 (b) The obligor has accrued a delinquency after
10 entry of the most recent order for support.
11 (2) The obligee or public office shall prepare and serve
12 the income withholding notice in accordance with the
13 provisions of subsection (C), except that the notice shall
14 contain a periodic amount for payment of the delinquency
15 equal to 20% of the total of the current support amount and
16 the amount to be paid periodically for payment of any
17 arrearage stated in the most recent order for support.
18 (3) If the obligor requests in writing that income
19 withholding become effective prior to the obligor accruing a
20 delinquency under the most recent order for support, the
21 obligee or public office may prepare and serve an income
22 withholding notice on the payor as provided in subsection
23 (B). In addition to filing proofs of service of the income
24 withholding notice on the payor and the obligor, the obligee
25 or public office shall file a copy of the obligor's written
26 request for income withholding with the Clerk of the Circuit
27 Court.
28 (4) All other provisions of this Section shall be
29 applicable with respect to the provisions of this subsection
30 (I).
31 (J) Remedies in Addition to Other Laws.
32 (1) The rights, remedies, duties and penalties created
33 by this Section are in addition to and not in substitution
34 for any other rights, remedies, duties and penalties created
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1 by any other law.
2 (2) Nothing in this Section shall be construed as
3 invalidating any assignment of wages or benefits executed
4 prior to January 1, 1984 or any order for withholding served
5 prior to July 1, 1997.
6 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
7 90-425, eff. 8-15-97; revised 9-29-97.)
8 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
9 Sec. 11-8. Appeals - to whom taken. Applicants or
10 recipients of aid may, at any time within 60 days after the
11 decision of the County Department or local governmental unit,
12 as the case may be, appeal a decision denying or terminating
13 aid, or granting aid in an amount which is deemed inadequate,
14 or changing, cancelling, revoking or suspending grants as
15 provided in Section 11-16, or determining to make a
16 protective payment under the provisions of Sections 3-5a or
17 4-9, or a decision by an administrative review board to
18 impose administrative safeguards as provided in Section 8A-8.
19 An appeal shall also lie when an application is not acted
20 upon within the time period after filing of the application
21 as provided by rule of the Illinois Department.
22 If an appeal is not made, the action of the County
23 Department or local governmental unit shall be final.
24 Appeals by applicants or recipients under Articles III,
25 IV, V or VII shall be taken to the Illinois Department.
26 Appeals by applicants or recipients under Article VI
27 shall be taken as follows:
28 (1) In counties under township organization (except
29 such counties in which the governing authority is a Board
30 of Commissioners) appeals shall be to a Public Aid
31 Committee consisting of the Chairman of the County Board,
32 and 4 members who are township supervisors of general
33 assistance, appointed by the Chairman, with the advice
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1 and consent of the county board.
2 (2) In counties in excess of 3,000,000 population
3 and under township organization in which the governing
4 authority is a Board of Commissioners, appeals of persons
5 from government units outside the corporate limits of a
6 city, village or incorporated town of more than 500,000
7 population, and of persons from incorporated towns which
8 have superseded civil townships in respect to aid under
9 Article VI, shall be to the Cook County Townships Public
10 Aid Committee consisting of 2 township supervisors and 3
11 persons knowledgeable in the area of General Assistance
12 and the regulations of the Illinois Department pertaining
13 thereto and who are not officers, agents or employees of
14 any township, except that township supervisors may serve
15 as members of the Cook County Township Public Aid and
16 Committee. The 5 member committee shall be appointed by
17 the township supervisors. The first appointments shall be
18 made with one person serving a one year term, 2 persons
19 serving a 2 year term, and 2 persons serving a 3 year
20 term. Committee members shall thereafter serve 3 year
21 terms. In any appeal involving a local governmental unit
22 whose supervisor of general assistance is a member of the
23 Committee, such supervisor shall not act as a member of
24 the Committee for the purposes of such appeal. The
25 township whose action, inaction, or decision is being
26 appealed shall bear the expenses related to the appeal as
27 determined by the Cook County Townships Public Aid
28 Committee. A township supervisor's compensation for
29 general assistance or township related duties shall not
30 be considered an expense related to the appeal except for
31 expenses related to service on the Committee.
32 (3) In counties described in paragraph (2) appeals
33 of persons from a city, village or incorporated town of
34 more than 500,000 population shall be to a Commissioner
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1 of Appeals, appointed as an employee of the County
2 Department of Public Aid in accordance with and subject
3 to the provisions of Section 12-21.3.
4 (4) In counties not under township organization,
5 appeals shall be to the County Board of Commissioners
6 which shall for this purpose be the Public Aid Committee
7 of the County.
8 In counties designated in paragraph (1) the Chairman or
9 President of the County Board shall appoint, with the advice
10 and consent of the county board, one or more alternate
11 members of the Public Aid Committee. All regular and
12 alternate members shall be Supervisors of General Assistance.
13 In any appeal involving a local governmental unit whose
14 Supervisor of General Assistance is a member of the
15 Committee, he shall be replaced for that appeal by an
16 alternate member designated by the Chairman or President of
17 the County Board, with the advice and consent of the county
18 board. In these counties not more than 3 of the 5 regular
19 appointees shall be members of the same political party
20 unless the political composition of the Supervisors of the
21 General Assistance precludes such a limitation. In these
22 counties at least one member of the Public Aid Committee
23 shall be a person knowledgeable in the area of general
24 assistance and the regulations of the Illinois Department
25 pertaining thereto. If no member of the Committee possesses
26 such knowledge, the Illinois Department shall designate an
27 employee of the Illinois Department having such knowledge to
28 be present at the Committee hearings to advise the Committee.
29 In every county the County Board shall provide facilities
30 for the conduct of hearings on appeals under Article VI. All
31 expenses incident to such hearings shall be borne by the
32 county except that in counties under township organization in
33 which the governing authority is a Board of Commissioners (1)
34 the salary and other expenses of the Commissioner of Appeals
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1 shall be paid from General Assistance funds available for
2 administrative purposes, and (2) all expenses incident to
3 such hearings shall be borne by the township and the per diem
4 and traveling expenses of the township supervisors serving on
5 the Public Aid Committee shall be fixed and paid by their
6 respective townships. In all other counties the members of
7 the Public Aid Committee shall receive the compensation and
8 expenses provided by law for attendance at meetings of the
9 County Board.
10 In appeals under Article VI involving a governmental unit
11 receiving State funds, the Public Aid Committee and the
12 Commissioner of Appeals shall be bound by the rules and
13 regulations of the Illinois Department which are relevant to
14 the issues on appeal, and shall file such reports concerning
15 appeals as the Illinois Department requests.
16 An appeal shall be without cost to the appellant and
17 shall be made, at the option of the appellant, either upon
18 forms provided and prescribed by the Illinois Department or,
19 for appeals to a Public Aid Committee, upon forms prescribed
20 by the County Board; or an appeal may be made by calling a
21 toll-free number provided for that purpose by the Illinois
22 Department and providing the necessary information. The
23 Illinois Department may assist County Boards or a
24 Commissioner of Appeals in the preparation of appeal forms,
25 or upon request of a County Board or Commissioner of Appeals
26 may furnish such forms. County Departments and local
27 governmental units shall render all possible aid to persons
28 desiring to make an appeal. The provisions of Sections
29 11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
30 (Source: P.A. 90-17, eff. 7-1-97; 90-210, eff. 7-25-97;
31 revised 8-4-97.)
32 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
33 Sec. 12-4.11. Grant amounts. The Department, with due
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1 regard for and subject to budgetary limitations, shall
2 establish grant amounts for each of the programs, by
3 regulation. The grant amounts may vary by program, size of
4 assistance unit and geographic area.
5 Aid payments shall not be reduced except: (1) for changes
6 in the cost of items included in the grant amounts, or (2)
7 for changes in the expenses of the recipient, or (3) for
8 changes in the income or resources available to the
9 recipient, or (4) for changes in grants resulting from
10 adoption of a consolidated grant amount, or (5).
11 In fixing standards to govern payments or reimbursements
12 for funeral and burial expenses, the Department shall take
13 into account the services essential to a dignified, low-cost
14 funeral and burial, but no payment shall be authorized from
15 public aid funds for the funeral in excess of $650, exclusive
16 of reasonable amounts as may be necessary for burial space
17 and cemetery charges, and any applicable taxes or other
18 required governmental fees or charges. The Department shall
19 authorize no payment in excess of $325 for a cemetery burial.
20 Nothing contained in this Section or in any other Section
21 of this Code shall be construed to prohibit the Illinois
22 Department (1) from consolidating existing standards on the
23 basis of any standards which are or were in effect on, or
24 subsequent to July 1, 1969, or (2) from employing any
25 consolidated standards in determining need for public aid and
26 the amount of money payment or grant for individual
27 recipients or recipient families.
28 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97,
29 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; revised 10-23-97.)
30 (305 ILCS 5/12-4.31)
31 Sec. 12-4.31. Paternity establishment and continued
32 eligibility.
33 (a) In this Section, "nonmarital child" means a child
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1 born to a woman who was not married to the child's father at
2 the time of the child's birth.
3 (b) The Illinois Department is authorized to conduct a
4 paternity establishment and continued eligibility program as
5 a demonstration program in certain geographic areas as
6 defined by rule. Upon completion of the demonstration, the
7 Illinois Department may expand the program statewide. If the
8 Illinois Department, as part of the demonstration program or
9 statewide program, makes administrative determinations of
10 paternity, it shall do so according to rules adopted under
11 Section 10-17.7.
12 Under the paternity establishment and continued
13 eligibility program, the custodial parent of a nonmarital
14 child otherwise eligible for assistance under Article IV, V,
15 or VI of this Code shall receive assistance for the custodial
16 parent and that child for no longer than 6 full months
17 unless:
18 (1) the paternity of the child is established
19 before the beginning of or within the 6-month period;
20 (2) the parent has fully cooperated with efforts to
21 establish the child's paternity, but, through no fault of
22 the parent, paternity has not been established;
23 (3) the parent begins to receive assistance while a
24 court action to establish the child's paternity is
25 pending, and the parent continues to cooperate with the
26 Illinois Department's efforts to establish paternity;
27 (4) the parent attests under oath to fear of abuse
28 by the putative father of the child and provides
29 documentation to substantiate that fear, or the parent
30 claims good cause for failing to cooperate in the
31 establishment of paternity due to rape by an unknown
32 assailant, and the person is found to be exempt from
33 cooperating to establish paternity under rules adopted by
34 the Illinois Department;
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1 (5) the parent has not yet given birth to the
2 nonmarital child; or
3 (6) the putative father of the child is
4 incarcerated and inaccessible to the process for
5 establishing the child's paternity.
6 (b-5) (b) The 6-month period referred to in subsection
7 (b) (a) shall begin on the date the first full monthly
8 payment of assistance is made, if the parent applied for
9 assistance on or after the effective date of this amendatory
10 Act of 1995. That 6-month period shall begin on the
11 effective date of this amendatory Act of 1995 if the parent
12 was receiving assistance on behalf of the nonmarital child on
13 the effective date of this amendatory Act of 1995.
14 (c) The Illinois Department shall apply for all waivers
15 of federal law and regulations necessary to implement this
16 Section. Implementation of this Section is conditioned upon
17 the Illinois Department's receipt of those waivers.
18 (d) The Illinois Department may implement this Section
19 through the use of emergency rules in accordance with Section
20 5-45 of the Illinois Administrative Procedure Act. For
21 purposes of the Illinois Administrative Procedure Act, the
22 adoption of rules to implement this Section shall be
23 considered an emergency and necessary for the public
24 interest, safety, and welfare.
25 (Source: P.A. 89-6, eff. 3-6-95; revised 12-18-97.)
26 (305 ILCS 5/12-4.101)
27 Sec. 12-4.101. AFDC recipient benefits study.
28 (a) The Illinois Department may conduct a study of the
29 benefits received by families receiving aid under Article IV
30 of this Code (AFDC). If the study is undertaken, the study
31 shall be of a randomly selected sample of families receiving
32 AFDC. The sample must be large enough to provide reliable
33 information on each of the following 2 groups:
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1 (1) All families receiving AFDC.
2 (2) Families that received AFDC during the full 12
3 months of the study period and had no income from any
4 source other than the programs listed in subsection (b).
5 (b) The study shall determine the degree to which
6 families receiving AFDC participated in any of the following
7 other programs over a prior 12-month period:
8 (1) Food stamps.
9 (2) The Special Supplemental Nutrition Program for
10 Women, Infants and Children (WIC) Womens', Infants', and
11 Children's Food Program.
12 (3) The school lunch program.
13 (4) The school breakfast program.
14 (5) Medical assistance under Article V of this Code
15 (Medicaid).
16 (6) Public housing.
17 (7) Section 8 housing subsidy program of the United
18 States Department of Housing and Urban Development.
19 (8) Other housing subsidies.
20 (9) Low income energy assistance.
21 (10) Emergency assistance.
22 (11) Head Start.
23 (12) Child support funds "passed through" to a
24 welfare parent under the AFDC program.
25 (13) Summer Youth Employment under Title IV of the
26 Job Training Partnership Act.
27 (14) Assistance to adults and youth under Title IIA
28 of the Job Training Partnership Act.
29 (15) Earned Income Tax Credit.
30 (16) Supplemental Security Income.
31 (17) General Assistance.
32 (18) Social Service Block Grant Funds.
33 (19) Any other welfare assistance provided by
34 federal, State, or local government.
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1 (c) The study shall determine the degree to which
2 families receiving AFDC participate in the following programs
3 or receive income from the following sources:
4 (1) Earnings.
5 (2) Interest income, dividends, and capital gains.
6 (3) Social Security.
7 (4) Veteran's benefits.
8 (5) Workers' compensation.
9 (6) Unemployment insurance.
10 (7) Medicare.
11 (8) Other sources of income.
12 (d) The Illinois Department shall determine whether each
13 family in the sample population participated in each of the
14 programs listed in subsection (b) and the number of months of
15 participation during the time period of the study. Data
16 concerning participation or nonparticipation in each program
17 listed in subsection (b) and the given number of months of
18 receipt of benefits shall be verified for each family in the
19 sample population by an examination of records of the
20 government office within the State that operates each
21 assistance program.
22 The Department shall also determine, for each family, the
23 amount of income received from sources listed in subsection
24 (c). Data concerning income from sources specified in
25 subsection (c) shall be verified by an examination of State
26 and federal tax records.
27 No penalty or recovery of prior wrongful payments shall
28 be imposed on a family in the sample population because of
29 any inappropriate or unlawful provision to the family of
30 governmental aid which is discovered as a result of the
31 study.
32 (e) The study shall determine and verify the rental,
33 heating, water, and electric utility payments made by each
34 family in the sample population.
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1 (f) The study shall seek to determine the length of time
2 that each family in the sample population has received AFDC
3 benefits, including previous intermittent periods of
4 receiving AFDC benefits before the family's current
5 enrollment in the AFDC program.
6 (g) The study shall determine the cost to the public of
7 benefits provided to families in the sample population. For
8 AFDC and food stamp benefits, the actual dollar value
9 provided to each family in the sample population shall be
10 recorded. For programs other than AFDC and food stamps for
11 which it is not feasible to determine an exact dollar value
12 of benefits to each family in the sample population, an
13 average benefit cost per recipient or per family within the
14 State may be estimated.
15 (h) For the purpose of gathering information, the
16 Illinois Department may augment the survey currently
17 conducted by the United States Department of Health and Human
18 Services for the National Integrated Quality Control System.
19 (Source: P.A. 88-412; revised 7-14-97.)
20 (305 ILCS 5/12-17.4) (from Ch. 23, par. 12-17.4)
21 Sec. 12-17.4. Additional powers and duties. In addition
22 to serving as agent of the Illinois Ilinois Department in
23 administration of the public aid programs designated in
24 Section 12-2, the County Department, in accordance with the
25 rules and regulations of the Illinois Department and under
26 its supervision and direction, shall:
27 1. Serve as the agent of the Illinois Department within
28 the county in the administration of such other forms of
29 public aid and welfare services as the Illinois Department
30 may designate, and perform such duties in connection with
31 such aid and service programs as the Illinois Department may
32 require.
33 2. Investigate, study, and give service on problems of
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1 assistance, corrections, and general welfare within the
2 county.
3 3. Make use of, aid, cooperate co-operate with, and
4 assist federal, State and local governmental agencies and
5 private agencies and organizations engaged in functions
6 affecting the general welfare within the county.
7 4. When requested by a circuit court, or a division
8 thereof, in respect to any case before it, provide such
9 investigative or other services as the court or division and
10 the Illinois Department agree upon.
11 5. Serve as agent of the Illinois Department within the
12 county, when so designated, in carrying out the Illinois
13 Department's powers and duties pertaining to public aid under
14 Articles VI and IX of this Code.
15 6. Maintain such records and file such reports with the
16 Illinois Department as it may require.
17 (Source: P.A. 81-1085; revised 7-7-97.)
18 Section 128. The Housing Authorities Act is amended by
19 changing Sections 25.04 and 25.05 as follows:
20 (310 ILCS 10/25.04) (from Ch. 67 1/2, par. 25.04)
21 Sec. 25.04. Any person who by means of any false
22 statement or willful wilfull misrepresentation, misleads,
23 defrauds, or induces a local housing authority to fix the
24 rent in an amount less than required under the regulations of
25 the local housing authority, or by other fraudulent device or
26 means obtains or attempts to obtain, or aids and abets any
27 person in fraudulently obtaining or attempting to obtain, the
28 fixing of the rent in an amount less than the sum required
29 under the regulations of the local housing authority, is
30 deemed guilty of a Class A misdemeanor.
31 (Source: P.A. 77-2524; revised 7-7-97.)
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1 (310 ILCS 10/25.05) (from Ch. 67 1/2, par. 25.05)
2 Sec. 25.05. Any person who by means of any fraudulent
3 misstatement or willful wilfull misrepresentation made in
4 connection with an application for tenancy or renewal of
5 tenancy in a housing project of a local housing authority
6 misleads, defrauds, or induces the said authority to fix a
7 rental payment for his or her tenancy at a sum less than
8 required under the regulations of the local housing authority
9 shall be answerable to that said authority for payment of a
10 sum equivalent to the difference between the rental charged
11 to the tenant and the rent which the tenant should have been
12 charged in accordance with the regulations of the local
13 housing authority, and in the event such payment is not made
14 it shall be recoverable in a civil action. In any such civil
15 action where fraud is proven, the court may, as a penalty
16 receivable by the said authority, assess an additional sum of
17 money up to but not in excess of the entire amount of the
18 difference in rent charged to the tenant and that which
19 should have been charged but for the willful wilfull
20 misrepresentation and misstatements.
21 (Source: Laws 1959, p. 2199; revised 7-7-97.)
22 Section 129. The Family Support Demonstration Project is
23 amended by changing Section 7 as follows:
24 (325 ILCS 30/7) (from Ch. 23, par. 4107)
25 Sec. 7. Reporting. The Department shall monitor and
26 evaluate the demonstration project and shall submit a status
27 report on its findings to the General Assembly on February 1,
28 1994 and 1995, and a final report on its findings to the
29 General Assembly on February 1, 1996. Status and final
30 reports shall include, but not be limited to:
31 (a) A descriptive summary of the operation of the family
32 support center, including the services provided and a copy of
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1 the service plan developed by the center, the number of
2 recipients receipients of services at the center, the
3 allocation of funds, staffing information, and the role and
4 responsibility of the community family support center board.
5 (b) An assessment of the impact of the center upon the
6 community served.
7 (c) The composition and role of the family support
8 center.
9 (d) Recommendations regarding the continuance of the
10 family support center demonstration project and plans for the
11 implementation of other project sites.
12 (e) Recommendations regarding the process by which
13 family support centers are allocated resources.
14 (f) A projected budget for the expenditures required to
15 continue or to expand the demonstration project.
16 (g) Proposals for legislation necessary to facilitate
17 the continuation or expansion of the demonstration project.
18 (Source: P.A. 87-678; revised 7-7-97.)
19 Section 130. The Child Vision and Hearing Test Act is
20 amended by changing Section 7 as follows:
21 (410 ILCS 205/7) (from Ch. 23, par. 2337)
22 Sec. 7. The Director shall appoint a Children's Hearing
23 Services Advisory Committee and a Children's Vision Services
24 Advisory Committee. The membership of each committee shall
25 not exceed 10 individuals. In making appointments to the
26 Children's Hearing Services Advisory Committee, the Director
27 shall appoint individuals with knowledge of or experience in
28 the problems of hearing handicapped children and shall
29 appoint at least 2 two licensed physicians who specialize in
30 the field of otolaryngology and are recommended by that
31 organization representing the largest number of physicians
32 licensed to practice medicine in all of its branches in the
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1 State of Illinois, and at least 2 two audiologists. In
2 making appointments to the Children's Vision Services
3 Advisory Committee, the Director shall appoint 2 two members
4 (and one alternate) recommended by the Illinois Society for
5 the Prevention of Blindness, 2 two licensed physicians (and
6 one alternate) who specialize in ophthalmology opthalmology
7 and are recommended by that organization representing the
8 largest number of physicians licensed to practice medicine in
9 all of its branches in the State of Illinois, and 2 two
10 licensed optometrists (and one alternate) recommended by that
11 organization representing the largest number of licensed
12 optometrists in the State of Illinois, as members of the
13 Children's Vision Services Advisory Committee.
14 The Children's Hearing Services Advisory Committee shall
15 advise the Department in the implementation and
16 administration of the hearing services program and in the
17 development of rules and regulations pertaining to that
18 program. The Children's Vision Services Advisory Committee
19 shall advise the Department in the development of rules and
20 regulations pertaining to that program. Each committee shall
21 select a chairman from its membership and shall meet at least
22 once in each calendar year.
23 The members of the Advisory Committees shall receive no
24 compensation for their services;, however, the
25 nongovernmental members shall be reimbursed for actual
26 expenses incurred in the performance of their duties in
27 accordance with the State of Illinois travel regulations.
28 (Source: P.A. 81-174; revised 7-7-97.)
29 Section 131. The Infant Eye Disease Act is amended by
30 changing Section 5 as follows:
31 (410 ILCS 215/5) (from Ch. 111 1/2, par. 4705)
32 Sec. 5. The Department of Public Health shall:
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1 (1) enforce the provisions of this Act;
2 (2) provide for the gratuitous distribution of a
3 scientific prophylactic for ophthalmia opthalmia neonatorum,
4 together with proper directions for the use and
5 administration thereof, to all physicians and midwives
6 authorized by law to attend at the birth of any child;
7 (3) have printed and published for distribution
8 throughout the State advice and information concerning the
9 dangers of ophthalmia neonatorum and the necessity for the
10 prompt and effective treatment thereof;
11 (4) furnish similar advice and information, together
12 with copies of this law, to all physicians, midwives, and
13 others authorized by law to attend at the birth of any child;
14 (5) prepare appropriate report blanks and furnish them
15 to all local health officers for distribution to physicians
16 and midwives free of charge;
17 (6) report any and all violations of this Act to the
18 prosecuting attorney of the district wherein the violation is
19 committed.
20 (Source: Laws 1943, vol. 1, p. 909; revised 7-7-97.)
21 Section 132. The Illinois Food, Drug and Cosmetic Act is
22 amended by changing Section 20 as follows:
23 (410 ILCS 620/20) (from Ch. 56 1/2, par. 520)
24 Sec. 20. False or misleading advertisement.
25 (a) An advertisement of a food, drug, device or cosmetic
26 shall be deemed to be false if it is false or misleading in
27 any particular.
28 (b) For the purpose of this Act the advertisement of a
29 drug or device representing it to have any effect in
30 albuminuria, appendicitis, arteriosclerosis, blood poison,
31 bone disease, Bright's disease, cancer, carbuncles,
32 cholecystitis, diabetes, diphtheria, dropsy, erysipelas,
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1 gallstones, heart and vascular diseases, high blood pressure,
2 mastoiditis, measles, meningitis, mumps, nephritis, otitis
3 media, paralysis, pneumonia, poliomyelitis, (infantile
4 paralysis), prostate gland disorders, pyelitis, scarlet
5 fever, sexual impotence, sinus infection, smallpox,
6 tuberculosis, tumors, typhoid, uremia and sexually
7 transmitted disease shall also be deemed to be false, except
8 that no advertisement not in violation of subsection (a)
9 shall be deemed to be false under this subsection if it is
10 disseminated only to members of the medical, dental or
11 veterinary professions or appears only in the scientific
12 periodicals of these professions or is disseminated only for
13 the purpose of public-health education by persons not
14 commercially interested directly or indirectly in the sale of
15 such drugs or devices. However, whenever the Director
16 determines that an advance in medical science has made any
17 type of self-medication safe as to any of the diseases named
18 above, the Director shall by regulation authorize the
19 advertisement of drugs having curative or therapeutic effect
20 for such disease, subject to such conditions and restrictions
21 as the Director may deem necessary in the interests of public
22 health. However, this subsection shall not be construed as
23 indicating that self-medication for diseases other than those
24 named herein is safe or efficacious.
25 (Source: P.A. 89-187, eff. 7-19-95; revised 8-5-97.)
26 Section 133. The Environmental Protection Act is amended
27 by changing Sections 21, 21.3, 22.2b, 22.44, 39, 39.2, 39.3,
28 and 44 as follows:
29 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
30 Sec. 21. No person shall:
31 (a) Cause or allow the open dumping of any waste.
32 (b) Abandon, dump, or deposit any waste upon the public
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1 highways or other public property, except in a sanitary
2 landfill approved by the Agency pursuant to regulations
3 adopted by the Board.
4 (c) Abandon any vehicle in violation of the "Abandoned
5 Vehicles Amendment to the Illinois Vehicle Code", as enacted
6 by the 76th General Assembly.
7 (d) Conduct any waste-storage, waste-treatment, or
8 waste-disposal operation:
9 (1) without a permit granted by the Agency or in
10 violation of any conditions imposed by such permit,
11 including periodic reports and full access to adequate
12 records and the inspection of facilities, as may be
13 necessary to assure compliance with this Act and with
14 regulations and standards adopted thereunder; provided,
15 however, that, except for municipal solid waste landfill
16 units that receive waste on or after October 9, 1993, no
17 permit shall be required for (i) any person conducting a
18 waste-storage, waste-treatment, or waste-disposal
19 operation for wastes generated by such person's own
20 activities which are stored, treated, or disposed within
21 the site where such wastes are generated, or (ii) a
22 facility located in a county with a population over
23 700,000, operated and located in accordance with Section
24 22.38 of this Act, and used exclusively for the transfer,
25 storage, or treatment of general construction or
26 demolition debris;
27 (2) in violation of any regulations or standards
28 adopted by the Board under this Act; or
29 (3) which receives waste after August 31, 1988,
30 does not have a permit issued by the Agency, and is (i) a
31 landfill used exclusively for the disposal of waste
32 generated at the site, (ii) a surface impoundment
33 receiving special waste not listed in an NPDES permit,
34 (iii) a waste pile in which the total volume of waste is
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1 greater than 100 cubic yards or the waste is stored for
2 over one year, or (iv) a land treatment facility
3 receiving special waste generated at the site; without
4 giving notice of the operation to the Agency by January
5 1, 1989, or 30 days after the date on which the operation
6 commences, whichever is later, and every 3 years
7 thereafter. The form for such notification shall be
8 specified by the Agency, and shall be limited to
9 information regarding: the name and address of the
10 location of the operation; the type of operation; the
11 types and amounts of waste stored, treated or disposed of
12 on an annual basis; the remaining capacity of the
13 operation; and the remaining expected life of the
14 operation.
15 Item (3) of this subsection (d) shall not apply to any
16 person engaged in agricultural activity who is disposing of a
17 substance that constitutes solid waste, if the substance was
18 acquired for use by that person on his own property, and the
19 substance is disposed of on his own property in accordance
20 with regulations or standards adopted by the Board.
21 This subsection (d) shall not apply to hazardous waste.
22 (e) Dispose, treat, store or abandon any waste, or
23 transport any waste into this State for disposal, treatment,
24 storage or abandonment, except at a site or facility which
25 meets the requirements of this Act and of regulations and
26 standards thereunder.
27 (f) Conduct any hazardous waste-storage, hazardous
28 waste-treatment or hazardous waste-disposal operation:
29 (1) without a RCRA permit for the site issued by
30 the Agency under subsection (d) of Section 39 of this
31 Act, or in violation of any condition imposed by such
32 permit, including periodic reports and full access to
33 adequate records and the inspection of facilities, as may
34 be necessary to assure compliance with this Act and with
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1 regulations and standards adopted thereunder; or
2 (2) in violation of any regulations or standards
3 adopted by the Board under this Act; or
4 (3) in violation of any RCRA permit filing
5 requirement established under standards adopted by the
6 Board under this Act; or
7 (4) in violation of any order adopted by the Board
8 under this Act.
9 Notwithstanding the above, no RCRA permit shall be
10 required under this subsection or subsection (d) of Section
11 39 of this Act for any person engaged in agricultural
12 activity who is disposing of a substance which has been
13 identified as a hazardous waste, and which has been
14 designated by Board regulations as being subject to this
15 exception, if the substance was acquired for use by that
16 person on his own property and the substance is disposed of
17 on his own property in accordance with regulations or
18 standards adopted by the Board.
19 (g) Conduct any hazardous waste-transportation
20 operation:
21 (1) without registering with and obtaining a permit
22 from the Agency in accordance with the Uniform Program
23 implemented under subsection (l-5) of Section 22.2; or
24 (2) in violation of any regulations or standards
25 adopted by the Board under this Act.
26 (h) Conduct any hazardous waste-recycling or hazardous
27 waste-reclamation or hazardous waste-reuse operation in
28 violation of any regulations, standards or permit
29 requirements adopted by the Board under this Act.
30 (i) Conduct any process or engage in any act which
31 produces hazardous waste in violation of any regulations or
32 standards adopted by the Board under subsections (a) and (c)
33 of Section 22.4 of this Act.
34 (j) Conduct any special waste transportation operation
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1 in violation of any regulations, standards or permit
2 requirements adopted by the Board under this Act. However,
3 sludge from a water or sewage treatment plant owned and
4 operated by a unit of local government which (1) is subject
5 to a sludge management plan approved by the Agency or a
6 permit granted by the Agency, and (2) has been tested and
7 determined not to be a hazardous waste as required by
8 applicable State and federal laws and regulations, may be
9 transported in this State without a special waste hauling
10 permit, and the preparation and carrying of a manifest shall
11 not be required for such sludge under the rules of the
12 Pollution Control Board. The unit of local government which
13 operates the treatment plant producing such sludge shall file
14 a semiannual report with the Agency identifying the volume of
15 such sludge transported during the reporting period, the
16 hauler of the sludge, and the disposal sites to which it was
17 transported. This subsection (j) shall not apply to hazardous
18 waste.
19 (k) Fail or refuse to pay any fee imposed under this
20 Act.
21 (l) Locate a hazardous waste disposal site above an
22 active or inactive shaft or tunneled mine or within 2 miles
23 of an active fault in the earth's crust. In counties of
24 population less than 225,000 no hazardous waste disposal site
25 shall be located (1) within 1 1/2 miles of the corporate
26 limits as defined on June 30, 1978, of any municipality
27 without the approval of the governing body of the
28 municipality in an official action; or (2) within 1000 feet
29 of an existing private well or the existing source of a
30 public water supply measured from the boundary of the actual
31 active permitted site and excluding existing private wells on
32 the property of the permit applicant. The provisions of this
33 subsection do not apply to publicly-owned sewage works or the
34 disposal or utilization of sludge from publicly-owned sewage
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1 works.
2 (m) Transfer interest in any land which has been used as
3 a hazardous waste disposal site without written notification
4 to the Agency of the transfer and to the transferee of the
5 conditions imposed by the Agency upon its use under
6 subsection (g) of Section 39.
7 (n) Use any land which has been used as a hazardous
8 waste disposal site except in compliance with conditions
9 imposed by the Agency under subsection (g) of Section 39.
10 (o) Conduct a sanitary landfill operation which is
11 required to have a permit under subsection (d) of this
12 Section, in a manner which results in any of the following
13 conditions:
14 (1) refuse in standing or flowing waters;
15 (2) leachate flows entering waters of the State;
16 (3) leachate flows exiting the landfill confines
17 (as determined by the boundaries established for the
18 landfill by a permit issued by the Agency);
19 (4) open burning of refuse in violation of Section
20 9 of this Act;
21 (5) uncovered refuse remaining from any previous
22 operating day or at the conclusion of any operating day,
23 unless authorized by permit;
24 (6) failure to provide final cover within time
25 limits established by Board regulations;
26 (7) acceptance of wastes without necessary permits;
27 (8) scavenging as defined by Board regulations;
28 (9) deposition of refuse in any unpermitted portion
29 of the landfill;
30 (10) acceptance of a special waste without a
31 required manifest;
32 (11) failure to submit reports required by permits
33 or Board regulations;
34 (12) failure to collect and contain litter from the
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1 site by the end of each operating day;
2 (13) failure to submit any cost estimate for the
3 site or any performance bond or other security for the
4 site as required by this Act or Board rules.
5 The prohibitions specified in this subsection (o) shall
6 be enforceable by the Agency either by administrative
7 citation under Section 31.1 of this Act or as otherwise
8 provided by this Act. The specific prohibitions in this
9 subsection do not limit the power of the Board to establish
10 regulations or standards applicable to sanitary landfills.
11 (p) In violation of subdivision (a) of this Section,
12 cause or allow the open dumping of any waste in a manner
13 which results in any of the following occurrences at the dump
14 site:
15 (1) litter;
16 (2) scavenging;
17 (3) open burning;
18 (4) deposition of waste in standing or flowing
19 waters;
20 (5) proliferation of disease vectors;
21 (6) standing or flowing liquid discharge from the
22 dump site.
23 The prohibitions specified in this subsection (p) shall
24 be enforceable by the Agency either by administrative
25 citation under Section 31.1 of this Act or as otherwise
26 provided by this Act. The specific prohibitions in this
27 subsection do not limit the power of the Board to establish
28 regulations or standards applicable to open dumping.
29 (q) Conduct a landscape waste composting operation
30 without an Agency permit, provided, however, that no permit
31 shall be required for any person:
32 (1) conducting a landscape waste composting
33 operation for landscape wastes generated by such person's
34 own activities which are stored, treated or disposed of
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1 within the site where such wastes are generated; or
2 (2) applying landscape waste or composted landscape
3 waste at agronomic rates; or
4 (3) operating a landscape waste composting facility
5 on a farm, if the facility meets all of the following
6 criteria:
7 (A) the composting facility is operated by the
8 farmer on property on which the composting material
9 is utilized, and the composting facility constitutes
10 no more than 2% of the property's total acreage,
11 except that the Agency may allow a higher percentage
12 for individual sites where the owner or operator has
13 demonstrated to the Agency that the site's soil
14 characteristics or crop needs require a higher rate;
15 (B) the property on which the composting
16 facility is located, and any associated property on
17 which the compost is used, is principally and
18 diligently devoted to the production of agricultural
19 crops and is not owned, leased or otherwise
20 controlled by any waste hauler or generator of
21 nonagricultural compost materials, and the operator
22 of the composting facility is not an employee,
23 partner, shareholder, or in any way connected with
24 or controlled by any such waste hauler or generator;
25 (C) all compost generated by the composting
26 facility is applied at agronomic rates and used as
27 mulch, fertilizer or soil conditioner on land
28 actually farmed by the person operating the
29 composting facility, and the finished compost is not
30 stored at the composting site for a period longer
31 than 18 months prior to its application as mulch,
32 fertilizer, or soil conditioner;
33 (D) the owner or operator, by January 1, 1990
34 (or the January 1 following commencement of
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1 operation, whichever is later) and January 1 of each
2 year thereafter, (i) registers the site with the
3 Agency, (ii) reports to the Agency on the volume of
4 composting material received and used at the site,
5 (iii) certifies to the Agency that the site complies
6 with the requirements set forth in subparagraphs
7 (A), (B) and (C) of this paragraph (q)(3), and (iv)
8 certifies to the Agency that all composting material
9 was placed more than 200 feet from the nearest
10 potable water supply well, was placed outside the
11 boundary of the 10-year floodplain or on a part of
12 the site that is floodproofed, was placed at least
13 1/4 mile from the nearest residence (other than a
14 residence located on the same property as the
15 facility) and there are not more than 10 occupied
16 non-farm residences within 1/2 mile of the
17 boundaries of the site on the date of application,
18 and was placed more than 5 feet above the water
19 table.
20 For the purposes of this subsection (q), "agronomic
21 rates" means the application of not more than 20 tons per
22 acre per year, except that the Agency may allow a higher rate
23 for individual sites where the owner or operator has
24 demonstrated to the Agency that the site's soil
25 characteristics or crop needs require a higher rate.
26 (r) Cause or allow the storage or disposal of coal
27 combustion waste unless:
28 (1) such waste is stored or disposed of at a site
29 or facility for which a permit has been obtained or is
30 not otherwise required under subsection (d) of this
31 Section; or
32 (2) such waste is stored or disposed of as a part
33 of the design and reclamation of a site or facility which
34 is an abandoned mine site in accordance with the
HB1268 Enrolled -913- LRB9000999EGfg
1 Abandoned Mined Lands and Water Reclamation Act; or
2 (3) such waste is stored or disposed of at a site
3 or facility which is operating under NPDES and Subtitle D
4 permits issued by the Agency pursuant to regulations
5 adopted by the Board for mine-related water pollution and
6 permits issued pursuant to the Federal Surface Mining
7 Control and Reclamation Act of 1977 (P.L. 95-87) or the
8 rules and regulations thereunder or any law or rule or
9 regulation adopted by the State of Illinois pursuant
10 thereto, and the owner or operator of the facility agrees
11 to accept the waste; and either
12 (i) such waste is stored or disposed of in
13 accordance with requirements applicable to refuse
14 disposal under regulations adopted by the Board for
15 mine-related water pollution and pursuant to NPDES
16 and Subtitle D permits issued by the Agency under
17 such regulations; or
18 (ii) the owner or operator of the facility
19 demonstrates all of the following to the Agency, and
20 the facility is operated in accordance with the
21 demonstration as approved by the Agency: (1) the
22 disposal area will be covered in a manner that will
23 support continuous vegetation, (2) the facility will
24 be adequately protected from wind and water erosion,
25 (3) the pH will be maintained so as to prevent
26 excessive leaching of metal ions, and (4) adequate
27 containment or other measures will be provided to
28 protect surface water and groundwater from
29 contamination at levels prohibited by this Act, the
30 Illinois Groundwater Protection Act, or regulations
31 adopted pursuant thereto.
32 Notwithstanding any other provision of this Title, the
33 disposal of coal combustion waste pursuant to item (2) or (3)
34 of this subdivision (r) shall be exempt from the other
HB1268 Enrolled -914- LRB9000999EGfg
1 provisions of this Title V, and notwithstanding the
2 provisions of Title X of this Act, the Agency is authorized
3 to grant experimental permits which include provision for the
4 disposal of wastes from the combustion of coal and other
5 materials pursuant to items (2) and (3) of this subdivision
6 (r).
7 (s) After April 1, 1989, offer for transportation,
8 transport, deliver, receive or accept special waste for which
9 a manifest is required, unless the manifest indicates that
10 the fee required under Section 22.8 of this Act has been
11 paid.
12 (t) Cause or allow a lateral expansion of a municipal
13 solid waste landfill unit on or after October 9, 1993,
14 without a permit modification, granted by the Agency, that
15 authorizes the lateral expansion.
16 (u) Conduct any vegetable by-product treatment, storage,
17 disposal or transportation operation in violation of any
18 regulation, standards or permit requirements adopted by the
19 Board under this Act. However, no permit shall be required
20 under this Title V for the land application of vegetable
21 by-products conducted pursuant to Agency permit issued under
22 Title III of this Act to the generator of the vegetable
23 by-products. In addition, vegetable by-products may be
24 transported in this State without a special waste hauling
25 permit, and without the preparation and carrying of a
26 manifest.
27 (v) Conduct any operation for the receipt, transfer,
28 recycling, or other management of construction or demolition
29 debris, clean or otherwise, without maintenance of load
30 tickets and other manifests reflecting receipt of the debris
31 from the hauler and generator of the debris. The load ticket
32 and manifest shall identify the hauler, generator, place of
33 origin of the debris, the weight and volume of the debris,
34 the time and date of the receipt of the debris, and the
HB1268 Enrolled -915- LRB9000999EGfg
1 disposition of the debris by the operator of the receiving
2 facility. This subsection (v) shall not apply to a public
3 utility as that term is defined in the Public Utilities Act,
4 but it shall apply to an entity that contracts with a public
5 utility.
6 (w) Conduct any generation, transportation, transfer, or
7 disposal of construction or demolition debris, clean or
8 otherwise, without the maintenance of load tickets and
9 manifests reflecting the transfer, disposal, or other
10 disposition of the debris. The load ticket and manifest
11 shall identify the hauler, generator, place of origin of the
12 debris, the weight and volume of the debris, the time and
13 date of the disposition of the debris, and the location,
14 owner, and operator of the facility to which the debris was
15 transferred or disposed. This subsection (w) shall not apply
16 to a public utility as that term is defined in the Public
17 Utilities Act, but it shall apply to an entity that contracts
18 with a public utility.
19 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
20 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
21 8-17-97; revised 10-15-97.)
22 (415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3)
23 Sec. 21.3. (a) All costs and damages for which a person
24 is liable to the State of Illinois under Section 22.2 and
25 Section 22.18 shall constitute an environmental reclamation
26 lien in favor of the State of Illinois upon all real property
27 and rights to such property which:
28 (1) belong to such person; and
29 (2) are subject to or affected by a removal or
30 remedial action under Section 22.2 or preventive action,
31 corrective action or enforcement action under Section
32 22.18.
33 (b) An environmental reclamation lien shall continue
HB1268 Enrolled -916- LRB9000999EGfg
1 until the liability for the costs and damages, or a judgment
2 against the person arising out of such liability, is
3 satisfied.
4 (c) An environmental reclamation lien shall be effective
5 upon the filing by the Agency of a Notice of Environmental
6 Reclamation Lien with the recorder or the registrar of titles
7 of the county in which the real property lies. The Agency
8 shall not file an environmental reclamation lien, and no such
9 lien shall be valid, unless the Agency has sent notice
10 pursuant to subsection subsections (q) or (v) of Section 4 of
11 this Act to owners of the real property. Nothing in this
12 Section shall be construed to give the Agency's lien a
13 preference over the rights of any bona fide purchaser or
14 mortgagee or other lienholder leinholder (not including the
15 United States when holding an unfiled lien) arising prior to
16 the filing of a notice of environmental reclamation lien in
17 the office of the recorder or registrar of titles of the
18 county in which the property subject to the lien is located.
19 For purposes of this Section, the term "bona fide" shall not
20 include any mortgage of real or personal property or any
21 other credit transaction that results in the mortgagee or the
22 holder of the security acting as trustee for unsecured
23 creditors of the liable person mentioned in the notice of
24 lien who executed such chattel or real property mortgage or
25 the document evidencing such credit transaction. Such lien
26 shall be inferior to the lien of general taxes, special
27 assessments and special taxes heretofore or hereafter levied
28 by any political subdivision of this State.
29 (d) The environmental reclamation lien shall not exceed
30 the amount of expenditures as itemized on the Affidavit of
31 Expenditures attached to and filed with the Notice of
32 Environmental Reclamation Lien. The Affidavit of
33 Expenditures may be amended if additional costs or damages
34 are incurred.
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1 (e) Upon filing of the Notice of Environmental
2 Reclamation Lien a copy with attachments shall be served upon
3 the owners of the real property. Notice of such service
4 shall be served on all lienholders lien holders of record as
5 of the date of filing.
6 (f) Within 120 days after the effective date of this
7 Section or within 60 days after initiating response or
8 remedial action at the site under Section 22.2 or 22.18, the
9 Agency shall file a Notice of Response Action in Progress.
10 The Notice shall be filed with the recorder or registrar of
11 titles of the county in which the real property lies.
12 (g) In addition to any other remedy provided by the laws
13 of this State, the Agency may foreclose in the circuit court
14 an environmental reclamation lien on real property for any
15 costs or damages imposed under Section 22.2 or Section 22.18
16 to the same extent and in the same manner as in the
17 enforcement of other liens. The process, practice and
18 procedure for such foreclosure shall be the same as provided
19 in Article XV of the Code of Civil Procedure Practice Law, as
20 amended. Nothing in this Section shall affect the right of
21 the State of Illinois to bring an action against any person
22 to recover all costs and damages for which such person is
23 liable under Section 22.2 or Section 22.18.
24 (h) Any liability to the State under Section 22.2 or
25 Section 22.18 shall constitute a debt to the State. Interest
26 on such debt shall begin to accrue at a rate of 12% per annum
27 from the date of the filing of the Notice of Environmental
28 Reclamation Lien under paragraph (c). Accrued interest shall
29 be included as a cost incurred by the State of Illinois under
30 Section 22.2 or Section 22.18.
31 (i) "Environmental reclamation lien" means a lien
32 established under this Section.
33 (Source: P.A. 86-745; 86-820; 86-1028; revised 7-7-97.)
HB1268 Enrolled -918- LRB9000999EGfg
1 (415 ILCS 5/22.2b)
2 Sec. 22.2b. Limit of liability for prospective purchasers
3 of real property.
4 (a) The State of Illinois may grant a release of
5 liability that provides that a person is not potentially
6 liable under subsection (f) of Section Sec. 22.2 of this Act
7 as a result of a release or a threatened release of a
8 hazardous substance or pesticide if:
9 (1) the person performs the response actions to
10 remove or remedy all releases or threatened releases of a
11 hazardous substance or pesticide at an identified area or
12 at identified areas of the property in accordance with a
13 response action plan approved by the Agency under this
14 Section;
15 (2) the person did not cause, allow, or contribute
16 to the release or threatened release of a hazardous
17 substance or pesticide through any act or omission;
18 (3) the person requests, in writing, that the
19 Agency provide review and evaluation services under
20 subsection (m) of Section 22.2 of this Act and the Agency
21 agrees to provide the review and evaluation services; and
22 (4) the person is not otherwise liable under
23 subsection (f) of Section 22.2 under, and complies with,
24 regulations adopted by the Agency under subsection (e).
25 (b) The Agency may approve a response action plan under
26 this Section, including but not limited to a response action
27 plan that does not require the removal or remedy of all
28 releases or threatened releases of hazardous substances or
29 pesticides, if the person described under subsection (a)
30 proves:
31 (1) the response action will prevent or mitigate
32 immediate and significant risk of harm to human life and
33 health and the environment;
34 (2) activities at the property will not cause,
HB1268 Enrolled -919- LRB9000999EGfg
1 allow, contribute to, or aggravate the release or
2 threatened release of a hazardous substance or pesticide;
3 (3) due consideration has been given to the effect
4 that activities at the property will have on the health
5 of those persons likely to be present at the property;
6 (4) irrevocable access to the property is given to
7 the State of Illinois and its authorized representatives;
8 (5) the person is financially capable of performing
9 the proposed response action; and
10 (6) the person complies with regulations adopted by
11 the Agency under subsection (e).
12 (c) The limit of liability granted by the State of
13 Illinois under this Section does not apply to any person:
14 (1) Who is potentially liable under subsection (f)
15 of Section 22.2 of this Act for any costs of removal or
16 remedial action incurred by the State of Illinois or any
17 unit of local government as a result of the release or
18 substantial threat of a release of a hazardous substance
19 or pesticide that was the subject of the response action
20 plan approved by the Agency under this Section.
21 (2) Who agrees to perform the response action
22 contained in a response action plan approved by the
23 Agency under this Section and fails to perform in
24 accordance with the approved response action plan.
25 (3) Whose willful wilfull and wanton conduct
26 contributes to a release or threatened release of a
27 hazardous substance or pesticide.
28 (4) Whose negligent conduct contributes to a
29 release or threatened release of a hazardous substance or
30 pesticide.
31 (5) Who is seeking a construction or development
32 permit for a new municipal waste incinerator or other new
33 waste-to-energy facility.
34 (d) If a release or threatened release released of a
HB1268 Enrolled -920- LRB9000999EGfg
1 hazardous substance or pesticide occurs within the area
2 identified in the response action plan approved by the Agency
3 under this Section and such release or threatened release is
4 not specifically identified in the response action plan, for
5 any person to whom this Section applies, the numeric cleanup
6 level established by the Agency in the response action plan
7 shall also apply to the release or threatened release not
8 specifically identified in the response action plan if the
9 response action plan has a numeric cleanup level for the
10 hazardous substance or pesticide released or threatened to be
11 released. Nothing in this subsection (d) shall limit the
12 authority of the Agency to require, for any person to whom
13 this Section does not apply, a numeric cleanup level that
14 differs from the numeric cleanup level established in the
15 response action plan approved by the Agency under this
16 Section.
17 (e) The Agency may adopt regulations relating to this
18 Section. The regulations may include, but are not limited to,
19 both all of the following:
20 (1) Requirements and procedures for a response
21 action plan.
22 (2) Additional requirements that a person must meet
23 in order not to be liable under subsection (f) of Section
24 22.2.
25 (Source: P.A. 88-462; 89-101, eff. 7-7-95; revised 12-23-97.)
26 (415 ILCS 5/22.44)
27 Sec. 22.44. Subtitle D management fees.
28 (a) There is created within the State treasury a special
29 fund to be known as the "Subtitle D Management Fund"
30 constituted from the fees collected by the State under this
31 Section.
32 (b) On and after January 1, 1994, the Agency shall
33 assess and collect a fee in the amount set forth in this
HB1268 Enrolled -921- LRB9000999EGfg
1 subsection from the owner or operator of each sanitary
2 landfill permitted or required to be permitted by the Agency
3 to dispose of solid waste if the sanitary landfill is located
4 off the site where the waste was produced and if the sanitary
5 landfill is owned, controlled, and operated by a person other
6 than the generator of the waste. The Agency shall deposit
7 all fees collected under this subsection into the Subtitle D
8 Management Fund. If a site is contiguous to one or more
9 landfills owned or operated by the same person, the volumes
10 permanently disposed of by each landfill shall be combined
11 for purposes of determining the fee under this subsection.
12 (1) If more than 150,000 cubic yards of
13 non-hazardous solid waste is permanently disposed of at a
14 site in a calendar year, the owner or operator shall
15 either pay a fee of 5.5 cents per cubic yard or,
16 alternatively, the owner or operator may weigh the
17 quantity of the solid waste permanently disposed of with
18 a device for which certification has been obtained under
19 the Weights and Measures Act and pay a fee of 12 cents
20 per ton of waste permanently disposed of.
21 (2) If more than 100,000 cubic yards, but not more
22 than 150,000 cubic yards, of non-hazardous waste is
23 permanently disposed of at a site in a calendar year, the
24 owner or operator shall pay a fee of $3,825.
25 (3) If more than 50,000 cubic yards, but not more
26 than 100,000 cubic yards, of non-hazardous solid waste is
27 permanently disposed of at a site in a calendar year, the
28 owner or operator shall pay a fee of $1,700.
29 (4) If more than 10,000 cubic yards, but not more
30 than 50,000 cubic yards, of non-hazardous solid waste is
31 permanently disposed of at a site in a calendar year, the
32 owner or operator shall pay a fee of $530.
33 (5) If not more than 10,000 cubic yards of
34 non-hazardous solid waste is permanently disposed of at a
HB1268 Enrolled -922- LRB9000999EGfg
1 site in a calendar year, the owner or operator shall pay
2 a fee of $110.
3 (c) The fee under subsection (b) shall not apply to any
4 of the following:
5 (1) Hazardous waste.
6 (2) Pollution control waste.
7 (3) Waste from recycling, reclamation, or reuse
8 processes that have been approved by the Agency as being
9 designed to remove any contaminant from wastes so as to
10 render the wastes reusable, provided that the process
11 renders at least 50% of the waste reusable.
12 (4) Non-hazardous solid waste that is received at a
13 sanitary landfill and composted or recycled through a
14 process permitted by the Agency.
15 (5) Any landfill that is permitted by the Agency to
16 receive only demolition or construction debris or
17 landscape waste.
18 (d) The Agency shall establish rules relating to the
19 collection of the fees authorized by this Section. These
20 rules shall include, but not be limited to the following:
21 (1) Necessary records identifying the quantities of
22 solid waste received or disposed.
23 (2) The form and submission of reports to accompany
24 the payment of fees to the Agency.
25 (3) The time and manner of payment of fees to the
26 Agency, which payments shall not be more often than
27 quarterly.
28 (4) Procedures setting forth criteria establishing
29 when an owner or operator may measure by weight or volume
30 during any given quarter or other fee payment period.
31 (e) Fees collected under this Section shall be in
32 addition to any other fees collected under any other Section.
33 (f) The Agency shall not refund any fee paid to it under
34 this Section.
HB1268 Enrolled -923- LRB9000999EGfg
1 (g) Pursuant to appropriation, all moneys in the
2 Subtitle D Management Fund shall be used by the Agency to
3 administer the United States Environmental Protection
4 Agency's Subtitle D Program provided in Sections 4004 and
5 4010 of the Resource Conservation and Recovery Act of 1976
6 (P.L. 94-580 94-850) as it relates to a municipal solid waste
7 landfill program in Illinois and to fund a delegation of
8 inspecting, investigating, and enforcement functions, within
9 the municipality only, pursuant to subsection (r) of Section
10 4 of this Act to a municipality having a population of more
11 than 1,000,000 inhabitants. The Agency shall execute a
12 delegation agreement pursuant to subsection (r) of Section 4
13 of this Act with a municipality having a population of more
14 than 1,000,000 inhabitants within 90 days of the effective
15 date of this amendatory Act of 1993 and shall on an annual
16 basis distribute from the Subtitle D Management Fund to that
17 municipality no less than $150,000.
18 (Source: P.A. 88-496; revised 12-18-97.)
19 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
20 Sec. 39. Issuance of permits; procedures.
21 (a) When the Board has by regulation required a permit
22 for the construction, installation, or operation of any type
23 of facility, equipment, vehicle, vessel, or aircraft, the
24 applicant shall apply to the Agency for such permit and it
25 shall be the duty of the Agency to issue such a permit upon
26 proof by the applicant that the facility, equipment, vehicle,
27 vessel, or aircraft will not cause a violation of this Act or
28 of regulations hereunder. The Agency shall adopt such
29 procedures as are necessary to carry out its duties under
30 this Section. In granting permits the Agency may impose such
31 conditions as may be necessary to accomplish the purposes of
32 this Act, and as are not inconsistent with the regulations
33 promulgated by the Board hereunder. Except as otherwise
HB1268 Enrolled -924- LRB9000999EGfg
1 provided in this Act, a bond or other security shall not be
2 required as a condition for the issuance of a permit. If the
3 Agency denies any permit under this Section, the Agency shall
4 transmit to the applicant within the time limitations of this
5 Section specific, detailed statements as to the reasons the
6 permit application was denied. Such statements shall
7 include, but not be limited to the following:
8 (i) the Sections of this Act which may be violated
9 if the permit were granted;
10 (ii) the provision of the regulations, promulgated
11 under this Act, which may be violated if the permit were
12 granted;
13 (iii) the specific type of information, if any,
14 which the Agency deems the applicant did not provide the
15 Agency; and
16 (iv) a statement of specific reasons why the Act
17 and the regulations might not be met if the permit were
18 granted.
19 If there is no final action by the Agency within 90 days
20 after the filing of the application for permit, the applicant
21 may deem the permit issued; except that this time period
22 shall be extended to 180 days when (1) notice and
23 opportunity for public hearing are required by State or
24 federal law or regulation, (2) the application which was
25 filed is for any permit to develop a landfill subject to
26 issuance pursuant to this subsection, or (3) the application
27 that was filed is for a MSWLF unit required to issue public
28 notice under subsection (p) of Section 39.
29 The Agency shall publish notice of all final permit
30 determinations for development permits for MSWLF units and
31 for significant permit modifications for lateral expansions
32 for existing MSWLF units one time in a newspaper of general
33 circulation in the county in which the unit is or is proposed
34 to be located.
HB1268 Enrolled -925- LRB9000999EGfg
1 After January 1, 1994 and until July 1, 1998, operating
2 permits issued under this Section by the Agency for sources
3 of air pollution permitted to emit less than 25 tons per year
4 of any combination of regulated air pollutants, as defined in
5 Section 39.5 of this Act, shall be required to be renewed
6 only upon written request by the Agency consistent with
7 applicable provisions of this Act and regulations promulgated
8 hereunder. Such operating permits shall expire 180 days
9 after the date of such a request. The Board shall revise its
10 regulations for the existing State air pollution operating
11 permit program consistent with this provision by January 1,
12 1994.
13 After June 30, 1998, operating permits issued under this
14 Section by the Agency for sources of air pollution that are
15 not subject to Section 39.5 of this Act and are not required
16 to have a federally enforceable State operating permit shall
17 be required to be renewed only upon written request by the
18 Agency consistent with applicable provisions of this Act and
19 its rules. Such operating permits shall expire 180 days
20 after the date of such a request. Before July 1, 1998, the
21 Board shall revise its rules for the existing State air
22 pollution operating permit program consistent with this
23 paragraph and shall adopt rules that require a source to
24 demonstrate that it qualifies for a permit under this
25 paragraph.
26 (b) The Agency may issue NPDES permits exclusively under
27 this subsection for the discharge of contaminants from point
28 sources into navigable waters, all as defined in the Federal
29 Water Pollution Control Act, as now or hereafter amended,
30 within the jurisdiction of the State, or into any well.
31 All NPDES permits shall contain those terms and
32 conditions, including but not limited to schedules of
33 compliance, which may be required to accomplish the purposes
34 and provisions of this Act.
HB1268 Enrolled -926- LRB9000999EGfg
1 The Agency may issue general NPDES permits for discharges
2 from categories of point sources which are subject to the
3 same permit limitations and conditions. Such general permits
4 may be issued without individual applications and shall
5 conform to regulations promulgated under Section 402 of the
6 Federal Water Pollution Control Act, as now or hereafter
7 amended.
8 The Agency may include, among such conditions, effluent
9 limitations and other requirements established under this
10 Act, Board regulations, the Federal Water Pollution Control
11 Act, as now or hereafter amended, and regulations pursuant
12 thereto, and schedules for achieving compliance therewith at
13 the earliest reasonable date.
14 The Agency shall adopt filing requirements and procedures
15 which are necessary and appropriate for the issuance of NPDES
16 permits, and which are consistent with the Act or regulations
17 adopted by the Board, and with the Federal Water Pollution
18 Control Act, as now or hereafter amended, and regulations
19 pursuant thereto.
20 The Agency, subject to any conditions which may be
21 prescribed by Board regulations, may issue NPDES permits to
22 allow discharges beyond deadlines established by this Act or
23 by regulations of the Board without the requirement of a
24 variance, subject to the Federal Water Pollution Control Act,
25 as now or hereafter amended, and regulations pursuant
26 thereto.
27 (c) Except for those facilities owned or operated by
28 sanitary districts organized under the Metropolitan Water
29 Reclamation District Act, no permit for the development or
30 construction of a new pollution control facility may be
31 granted by the Agency unless the applicant submits proof to
32 the Agency that the location of the facility has been
33 approved by the County Board of the county if in an
34 unincorporated area, or the governing body of the
HB1268 Enrolled -927- LRB9000999EGfg
1 municipality when in an incorporated area, in which the
2 facility is to be located in accordance with Section 39.2 of
3 this Act.
4 In the event that siting approval granted pursuant to
5 Section 39.2 has been transferred to a subsequent owner or
6 operator, that subsequent owner or operator may apply to the
7 Agency for, and the Agency may grant, a development or
8 construction permit for the facility for which local siting
9 approval was granted. Upon application to the Agency for a
10 development or construction permit by that subsequent owner
11 or operator, the permit applicant shall cause written notice
12 of the permit application to be served upon the appropriate
13 county board or governing body of the municipality that
14 granted siting approval for that facility and upon any party
15 to the siting proceeding pursuant to which siting approval
16 was granted. In that event, the Agency shall conduct an
17 evaluation of the subsequent owner or operator's prior
18 experience in waste management operations in the manner
19 conducted under subsection (i) of Section 39 of this Act.
20 Beginning August 20, 1993, if the pollution control
21 facility consists of a hazardous or solid waste disposal
22 facility for which the proposed site is located in an
23 unincorporated area of a county with a population of less
24 than 100,000 and includes all or a portion of a parcel of
25 land that was, on April 1, 1993, adjacent to a municipality
26 having a population of less than 5,000, then the local siting
27 review required under this subsection (c) in conjunction with
28 any permit applied for after that date shall be performed by
29 the governing body of that adjacent municipality rather than
30 the county board of the county in which the proposed site is
31 located; and for the purposes of that local siting review,
32 any references in this Act to the county board shall be
33 deemed to mean the governing body of that adjacent
34 municipality; provided, however, that the provisions of this
HB1268 Enrolled -928- LRB9000999EGfg
1 paragraph shall not apply to any proposed site which was, on
2 April 1, 1993, owned in whole or in part by another
3 municipality.
4 In the case of a pollution control facility for which a
5 development permit was issued before November 12, 1981, if an
6 operating permit has not been issued by the Agency prior to
7 August 31, 1989 for any portion of the facility, then the
8 Agency may not issue or renew any development permit nor
9 issue an original operating permit for any portion of such
10 facility unless the applicant has submitted proof to the
11 Agency that the location of the facility has been approved by
12 the appropriate county board or municipal governing body
13 pursuant to Section 39.2 of this Act.
14 After January 1, 1994, if a solid waste disposal
15 facility, any portion for which an operating permit has been
16 issued by the Agency, has not accepted waste disposal for 5
17 or more consecutive calendars years, before that facility may
18 accept any new or additional waste for disposal, the owner
19 and operator must obtain a new operating permit under this
20 Act for that facility unless the owner and operator have
21 applied to the Agency for a permit authorizing the temporary
22 suspension of waste acceptance. The Agency may not issue a
23 new operation permit under this Act for the facility unless
24 the applicant has submitted proof to the Agency that the
25 location of the facility has been approved or re-approved by
26 the appropriate county board or municipal governing body
27 under Section 39.2 of this Act after the facility ceased
28 accepting waste.
29 Except for those facilities owned or operated by sanitary
30 districts organized under the Metropolitan Water Reclamation
31 District Act, and except for new pollution control facilities
32 governed by Section 39.2, and except for fossil fuel mining
33 facilities, the granting of a permit under this Act shall not
34 relieve the applicant from meeting and securing all necessary
HB1268 Enrolled -929- LRB9000999EGfg
1 zoning approvals from the unit of government having zoning
2 jurisdiction over the proposed facility.
3 Before beginning construction on any new sewage treatment
4 plant or sludge drying site to be owned or operated by a
5 sanitary district organized under the Metropolitan Water
6 Reclamation District Act for which a new permit (rather than
7 the renewal or amendment of an existing permit) is required,
8 such sanitary district shall hold a public hearing within the
9 municipality within which the proposed facility is to be
10 located, or within the nearest community if the proposed
11 facility is to be located within an unincorporated area, at
12 which information concerning the proposed facility shall be
13 made available to the public, and members of the public shall
14 be given the opportunity to express their views concerning
15 the proposed facility.
16 The Agency may issue a permit for a municipal waste
17 transfer station without requiring approval pursuant to
18 Section 39.2 provided that the following demonstration is
19 made:
20 (1) the municipal waste transfer station was in
21 existence on or before January 1, 1979 and was in
22 continuous operation from January 1, 1979 to January 1,
23 1993;
24 (2) the operator submitted a permit application to
25 the Agency to develop and operate the municipal waste
26 transfer station during April of 1994;
27 (3) the operator can demonstrate that the county
28 board of the county, if the municipal waste transfer
29 station is in an unincorporated area, or the governing
30 body of the municipality, if the station is in an
31 incorporated area, does not object to resumption of the
32 operation of the station; and
33 (4) the site has local zoning approval.
34 (d) The Agency may issue RCRA permits exclusively under
HB1268 Enrolled -930- LRB9000999EGfg
1 this subsection to persons owning or operating a facility for
2 the treatment, storage, or disposal of hazardous waste as
3 defined under this Act.
4 All RCRA permits shall contain those terms and
5 conditions, including but not limited to schedules of
6 compliance, which may be required to accomplish the purposes
7 and provisions of this Act. The Agency may include among
8 such conditions standards and other requirements established
9 under this Act, Board regulations, the Resource Conservation
10 and Recovery Act of 1976 (P.L. 94-580), as amended, and
11 regulations pursuant thereto, and may include schedules for
12 achieving compliance therewith as soon as possible. The
13 Agency shall require that a performance bond or other
14 security be provided as a condition for the issuance of a
15 RCRA permit.
16 In the case of a permit to operate a hazardous waste or
17 PCB incinerator as defined in subsection (k) of Section 44,
18 the Agency shall require, as a condition of the permit, that
19 the operator of the facility perform such analyses of the
20 waste to be incinerated as may be necessary and appropriate
21 to ensure the safe operation of the incinerator.
22 The Agency shall adopt filing requirements and procedures
23 which are necessary and appropriate for the issuance of RCRA
24 permits, and which are consistent with the Act or regulations
25 adopted by the Board, and with the Resource Conservation and
26 Recovery Act of 1976 (P.L. 94-580), as amended, and
27 regulations pursuant thereto.
28 The applicant shall make available to the public for
29 inspection all documents submitted by the applicant to the
30 Agency in furtherance of an application, with the exception
31 of trade secrets, at the office of the county board or
32 governing body of the municipality. Such documents may be
33 copied upon payment of the actual cost of reproduction during
34 regular business hours of the local office. The Agency shall
HB1268 Enrolled -931- LRB9000999EGfg
1 issue a written statement concurrent with its grant or denial
2 of the permit explaining the basis for its decision.
3 (e) The Agency may issue UIC permits exclusively under
4 this subsection to persons owning or operating a facility for
5 the underground injection of contaminants as defined under
6 this Act.
7 All UIC permits shall contain those terms and conditions,
8 including but not limited to schedules of compliance, which
9 may be required to accomplish the purposes and provisions of
10 this Act. The Agency may include among such conditions
11 standards and other requirements established under this Act,
12 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
13 as amended, and regulations pursuant thereto, and may include
14 schedules for achieving compliance therewith. The Agency
15 shall require that a performance bond or other security be
16 provided as a condition for the issuance of a UIC permit.
17 The Agency shall adopt filing requirements and procedures
18 which are necessary and appropriate for the issuance of UIC
19 permits, and which are consistent with the Act or regulations
20 adopted by the Board, and with the Safe Drinking Water Act
21 (P.L. 93-523), as amended, and regulations pursuant thereto.
22 The applicant shall make available to the public for
23 inspection, all documents submitted by the applicant to the
24 Agency in furtherance of an application, with the exception
25 of trade secrets, at the office of the county board or
26 governing body of the municipality. Such documents may be
27 copied upon payment of the actual cost of reproduction during
28 regular business hours of the local office. The Agency shall
29 issue a written statement concurrent with its grant or denial
30 of the permit explaining the basis for its decision.
31 (f) In making any determination pursuant to Section 9.1
32 of this Act:
33 (1) The Agency shall have authority to make the
34 determination of any question required to be determined
HB1268 Enrolled -932- LRB9000999EGfg
1 by the Clean Air Act, as now or hereafter amended, this
2 Act, or the regulations of the Board, including the
3 determination of the Lowest Achievable Emission Rate,
4 Maximum Achievable Control Technology, or Best Available
5 Control Technology, consistent with the Board's
6 regulations, if any.
7 (2) The Agency shall, after conferring with the
8 applicant, give written notice to the applicant of its
9 proposed decision on the application including the terms
10 and conditions of the permit to be issued and the facts,
11 conduct or other basis upon which the Agency will rely to
12 support its proposed action.
13 (3) Following such notice, the Agency shall give
14 the applicant an opportunity for a hearing in accordance
15 with the provisions of Sections 10-25 through 10-60 of
16 the Illinois Administrative Procedure Act.
17 (g) The Agency shall include as conditions upon all
18 permits issued for hazardous waste disposal sites such
19 restrictions upon the future use of such sites as are
20 reasonably necessary to protect public health and the
21 environment, including permanent prohibition of the use of
22 such sites for purposes which may create an unreasonable risk
23 of injury to human health or to the environment. After
24 administrative and judicial challenges to such restrictions
25 have been exhausted, the Agency shall file such restrictions
26 of record in the Office of the Recorder of the county in
27 which the hazardous waste disposal site is located.
28 (h) A hazardous waste stream may not be deposited in a
29 permitted hazardous waste site unless specific authorization
30 is obtained from the Agency by the generator and disposal
31 site owner and operator for the deposit of that specific
32 hazardous waste stream. The Agency may grant specific
33 authorization for disposal of hazardous waste streams only
34 after the generator has reasonably demonstrated that,
HB1268 Enrolled -933- LRB9000999EGfg
1 considering technological feasibility and economic
2 reasonableness, the hazardous waste cannot be reasonably
3 recycled for reuse, nor incinerated or chemically, physically
4 or biologically treated so as to neutralize the hazardous
5 waste and render it nonhazardous. In granting authorization
6 under this Section, the Agency may impose such conditions as
7 may be necessary to accomplish the purposes of the Act and
8 are consistent with this Act and regulations promulgated by
9 the Board hereunder. If the Agency refuses to grant
10 authorization under this Section, the applicant may appeal as
11 if the Agency refused to grant a permit, pursuant to the
12 provisions of subsection (a) of Section 40 of this Act. For
13 purposes of this subsection (h), the term "generator" has the
14 meaning given in Section 3.12 of this Act, unless: (1) the
15 hazardous waste is treated, incinerated, or partially
16 recycled for reuse prior to disposal, in which case the last
17 person who treats, incinerates, or partially recycles the
18 hazardous waste prior to disposal is the generator; or (2)
19 the hazardous waste is from a response action, in which case
20 the person performing the response action is the generator.
21 This subsection (h) does not apply to any hazardous waste
22 that is restricted from land disposal under 35 Ill. Adm. Code
23 728.
24 (i) Before issuing any RCRA permit or any permit for a
25 waste storage site, sanitary landfill, waste disposal site,
26 waste transfer station, waste treatment facility, waste
27 incinerator, or any waste-transportation operation, the
28 Agency shall conduct an evaluation of the prospective owner's
29 or operator's prior experience in waste management
30 operations. The Agency may deny such a permit if the
31 prospective owner or operator or any employee or officer of
32 the prospective owner or operator has a history of:
33 (1) repeated violations of federal, State, or local
34 laws, regulations, standards, or ordinances in the
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1 operation of waste management facilities or sites; or
2 (2) conviction in this or another State of any
3 crime which is a felony under the laws of this State, or
4 conviction of a felony in a federal court; or
5 (3) proof of gross carelessness or incompetence in
6 handling, storing, processing, transporting or disposing
7 of waste.
8 (j) The issuance under this Act of a permit to engage in
9 the surface mining of any resources other than fossil fuels
10 shall not relieve the permittee from its duty to comply with
11 any applicable local law regulating the commencement,
12 location or operation of surface mining facilities.
13 (k) A development permit issued under subsection (a) of
14 Section 39 for any facility or site which is required to have
15 a permit under subsection (d) of Section 21 shall expire at
16 the end of 2 calendar years from the date upon which it was
17 issued, unless within that period the applicant has taken
18 action to develop the facility or the site. In the event that
19 review of the conditions of the development permit is sought
20 pursuant to Section 40 or 41, or permittee is prevented from
21 commencing development of the facility or site by any other
22 litigation beyond the permittee's control, such two-year
23 period shall be deemed to begin on the date upon which such
24 review process or litigation is concluded.
25 (l) No permit shall be issued by the Agency under this
26 Act for construction or operation of any facility or site
27 located within the boundaries of any setback zone established
28 pursuant to this Act, where such construction or operation is
29 prohibited.
30 (m) The Agency may issue permits to persons owning or
31 operating a facility for composting landscape waste. In
32 granting such permits, the Agency may impose such conditions
33 as may be necessary to accomplish the purposes of this Act,
34 and as are not inconsistent with applicable regulations
HB1268 Enrolled -935- LRB9000999EGfg
1 promulgated by the Board. Except as otherwise provided in
2 this Act, a bond or other security shall not be required as a
3 condition for the issuance of a permit. If the Agency denies
4 any permit pursuant to this subsection, the Agency shall
5 transmit to the applicant within the time limitations of this
6 subsection specific, detailed statements as to the reasons
7 the permit application was denied. Such statements shall
8 include but not be limited to the following:
9 (1) the Sections of this Act that may be violated
10 if the permit were granted;
11 (2) the specific regulations promulgated pursuant
12 to this Act that may be violated if the permit were
13 granted;
14 (3) the specific information, if any, the Agency
15 deems the applicant did not provide in its application to
16 the Agency; and
17 (4) a statement of specific reasons why the Act and
18 the regulations might be violated if the permit were
19 granted.
20 If no final action is taken by the Agency within 90 days
21 after the filing of the application for permit, the applicant
22 may deem the permit issued. Any applicant for a permit may
23 waive the 90 day limitation by filing a written statement
24 with the Agency.
25 The Agency shall issue permits for such facilities upon
26 receipt of an application that includes a legal description
27 of the site, a topographic map of the site drawn to the scale
28 of 200 feet to the inch or larger, a description of the
29 operation, including the area served, an estimate of the
30 volume of materials to be processed, and documentation that:
31 (1) the facility includes a setback of at least 200
32 feet from the nearest potable water supply well;
33 (2) the facility is located outside the boundary of
34 the 10-year floodplain or the site will be floodproofed;
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1 (3) the facility is located so as to minimize
2 incompatibility with the character of the surrounding
3 area, including at least a 200 foot setback from any
4 residence, and in the case of a facility that is
5 developed or the permitted composting area of which is
6 expanded after November 17, 1991, the composting area is
7 located at least 1/8 mile from the nearest residence
8 (other than a residence located on the same property as
9 the facility);
10 (4) the design of the facility will prevent any
11 compost material from being placed within 5 feet of the
12 water table, will adequately control runoff from the
13 site, and will collect and manage any leachate that is
14 generated on the site;
15 (5) the operation of the facility will include
16 appropriate dust and odor control measures, limitations
17 on operating hours, appropriate noise control measures
18 for shredding, chipping and similar equipment, management
19 procedures for composting, containment and disposal of
20 non-compostable wastes, procedures to be used for
21 terminating operations at the site, and recordkeeping
22 sufficient to document the amount of materials received,
23 composted and otherwise disposed of; and
24 (6) the operation will be conducted in accordance
25 with any applicable rules adopted by the Board.
26 The Agency shall issue renewable permits of not longer
27 than 10 years in duration for the composting of landscape
28 wastes, as defined in Section 3.70 of this Act, based on the
29 above requirements.
30 The operator of any facility permitted under this
31 subsection (m) must submit a written annual statement to the
32 Agency on or before April 1 of each year that includes an
33 estimate of the amount of material, in tons, received for
34 composting.
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1 (n) The Agency shall issue permits jointly with the
2 Department of Transportation for the dredging or deposit of
3 material in Lake Michigan in accordance with Section 18 of
4 the Rivers, Lakes, and Streams Act.
5 (o) From September 4, 1990 until December 31, 1993, no
6 permit shall be issued by the Agency for the development or
7 construction of any new facility intended to be used for the
8 incineration of any hazardous waste. This subsection shall
9 not apply to facilities intended for use for combustion of
10 potentially infectious medical waste, for use as part of a
11 State or federally designated clean-up action, or for use
12 solely for the conduct of research and the development and
13 demonstration of technologies for the incineration of
14 hazardous waste.
15 (p) (1) Any person submitting an application for a
16 permit for a new MSWLF unit or for a lateral expansion under
17 subsection (t) of Section 21 of this Act for an existing
18 MSWLF unit that has not received and is not subject to local
19 siting approval under Section 39.2 of this Act shall publish
20 notice of the application in a newspaper of general
21 circulation in the county in which the MSWLF unit is or is
22 proposed to be located. The notice must be published at
23 least 15 days before submission of the permit application to
24 the Agency. The notice shall state the name and address of
25 the applicant, the location of the MSWLF unit or proposed
26 MSWLF unit, the nature and size of the MSWLF unit or proposed
27 MSWLF unit, the nature of the activity proposed, the probable
28 life of the proposed activity, the date the permit
29 application will be submitted, and a statement that persons
30 may file written comments with the Agency concerning the
31 permit application within 30 days after the filing of the
32 permit application unless the time period to submit comments
33 is extended by the Agency.
34 When a permit applicant submits information to the Agency
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1 to supplement a permit application being reviewed by the
2 Agency, the applicant shall not be required to reissue the
3 notice under this subsection.
4 (2) The Agency shall accept written comments concerning
5 the permit application that are postmarked no later than then
6 30 days after the filing of the permit application, unless
7 the time period to accept comments is extended by the Agency.
8 (3) Each applicant for a permit described in part (1) of
9 this subsection shall file a copy of the permit application
10 with the county board or governing body of the municipality
11 in which the MSWLF unit is or is proposed to be located at
12 the same time the application is submitted to the Agency.
13 The permit application filed with the county board or
14 governing body of the municipality shall include all
15 documents submitted to or to be submitted to the Agency,
16 except trade secrets as determined under Section 7.1 of this
17 Act. The permit application and other documents on file with
18 the county board or governing body of the municipality shall
19 be made available for public inspection during regular
20 business hours at the office of the county board or the
21 governing body of the municipality and may be copied upon
22 payment of the actual cost of reproduction.
23 (Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96;
24 90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff.
25 11-26-97; revised 12-31-97.)
26 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
27 Sec. 39.2. Local siting review approval.
28 (a) The county board of the county or the governing body
29 of the municipality, as determined by paragraph (c) of
30 Section 39 of this Act, shall approve or disapprove the
31 request for local siting approval for each pollution control
32 facility which is subject to such review. An applicant for
33 local siting approval shall submit sufficient details
HB1268 Enrolled -939- LRB9000999EGfg
1 describing the proposed facility to demonstrate compliance,
2 and local siting approval shall be granted only if the
3 proposed facility meets the following criteria:
4 (i) the facility is necessary to accommodate the
5 waste needs of the area it is intended to serve;
6 (ii) the facility is so designed, located and
7 proposed to be operated that the public health, safety
8 and welfare will be protected;
9 (iii) the facility is located so as to minimize
10 incompatibility with the character of the surrounding
11 area and to minimize the effect on the value of the
12 surrounding property;
13 (iv) (A) for a facility other than a sanitary
14 landfill or waste disposal site, the facility is located
15 outside the boundary of the 100 year flood plain or the
16 site is flood-proofed; (B) for a facility that is a
17 sanitary landfill or waste disposal site, the facility is
18 located outside the boundary of the 100-year floodplain,
19 or if the facility is a facility described in subsection
20 (b) of Section 22.19a, the site is flood-proofed;
21 (v) the plan of operations for the facility is
22 designed to minimize the danger to the surrounding area
23 from fire, spills, or other operational accidents;
24 (vi) the traffic patterns to or from the facility
25 are so designed as to minimize the impact on existing
26 traffic flows;
27 (vii) if the facility will be treating, storing or
28 disposing of hazardous waste, an emergency response plan
29 exists for the facility which includes notification,
30 containment and evacuation procedures to be used in case
31 of an accidental release;
32 (viii) if the facility is to be located in a county
33 where the county board has adopted a solid waste
34 management plan consistent with the planning requirements
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1 of the Local Solid Waste Disposal Act or the Solid Waste
2 Planning and Recycling Act, the facility is consistent
3 with that plan; and
4 (ix) if the facility will be located within a
5 regulated recharge area, any applicable requirements
6 specified by the Board for such areas have been met.
7 The county board or the governing body of the
8 municipality may also consider as evidence the previous
9 operating experience and past record of convictions or
10 admissions of violations of the applicant (and any subsidiary
11 or parent corporation) in the field of solid waste management
12 when considering criteria (ii) and (v) under this Section.
13 (b) No later than 14 days prior to a request for
14 location approval the applicant shall cause written notice of
15 such request to be served either in person or by registered
16 mail, return receipt requested, on the owners of all property
17 within the subject area not solely owned by the applicant,
18 and on the owners of all property within 250 feet in each
19 direction of the lot line of the subject property, said
20 owners being such persons or entities which appear from the
21 authentic tax records of the County in which such facility is
22 to be located; provided, that the number of all feet occupied
23 by all public roads, streets, alleys and other public ways
24 shall be excluded in computing the 250 feet requirement;
25 provided further, that in no event shall this requirement
26 exceed 400 feet, including public streets, alleys and other
27 public ways.
28 Such written notice shall also be served upon members of
29 the General Assembly from the legislative district in which
30 the proposed facility is located and shall be published in a
31 newspaper of general circulation published in the county in
32 which the site is located.
33 Such notice shall state the name and address of the
34 applicant, the location of the proposed site, the nature and
HB1268 Enrolled -941- LRB9000999EGfg
1 size of the development, the nature of the activity proposed,
2 the probable life of the proposed activity, the date when the
3 request for site approval will be submitted, and a
4 description of the right of persons to comment on such
5 request as hereafter provided.
6 (c) An applicant shall file a copy of its request with
7 the county board of the county or the governing body of the
8 municipality in which the proposed site is located. The
9 request shall include (i) the substance of the applicant's
10 proposal and (ii) all documents, if any, submitted as of that
11 date to the Agency pertaining to the proposed facility,
12 except trade secrets as determined under Section 7.1 of this
13 Act. All such documents or other materials on file with the
14 county board or governing body of the municipality shall be
15 made available for public inspection at the office of the
16 county board or the governing body of the municipality and
17 may be copied upon payment of the actual cost of
18 reproduction.
19 Any person may file written comment with the county board
20 or governing body of the municipality concerning the
21 appropriateness of the proposed site for its intended
22 purpose. The county board or governing body of the
23 municipality shall consider any comment received or
24 postmarked not later than 30 days after the date of the last
25 public hearing.
26 (d) At least one public hearing is to be held by the
27 county board or governing body of the municipality no sooner
28 than 90 days but no later than 120 days from receipt of the
29 request for site approval. No later than 14 days prior to
30 such hearing notice shall be published in a newspaper of
31 general circulation published in the county of the proposed
32 site, and delivered by certified mail to all members of the
33 General Assembly from the district in which the proposed site
34 is located, to the governing authority of every municipality
HB1268 Enrolled -942- LRB9000999EGfg
1 contiguous to the proposed site or contiguous to the
2 municipality in which the proposed site is to be located, to
3 the county board of the county where the proposed site is to
4 be located, if the proposed site is located within the
5 boundaries of a municipality, and to the Agency. Members or
6 representatives of the governing authority of a municipality
7 contiguous to the proposed site or contiguous to the
8 municipality in which the proposed site is to be located
9 and, if the proposed site is located in a municipality,
10 members or representatives of the county board of a county in
11 which the proposed site is to be located may appear at and
12 participate in public hearings held pursuant to this Section.
13 The public hearing shall develop a record sufficient to form
14 the basis of appeal of the decision in accordance with
15 Section 40.1 of this Act. The fact that a member of the
16 county board or governing body of the municipality has
17 publicly expressed an opinion on an issue related to a site
18 review proceeding shall not preclude the member from taking
19 part in the proceeding and voting on the issue.
20 (e) Decisions of the county board or governing body of
21 the municipality are to be in writing, specifying the reasons
22 for the decision, such reasons to be in conformance with
23 subsection (a) of this Section. In granting approval for a
24 site the county board or governing body of the municipality
25 may impose such conditions as may be reasonable and necessary
26 to accomplish the purposes of this Section and as are not
27 inconsistent with regulations promulgated by the Board. Such
28 decision shall be available for public inspection at the
29 office of the county board or governing body of the
30 municipality and may be copied upon payment of the actual
31 cost of reproduction. If there is no final action by the
32 county board or governing body of the municipality within 180
33 days after the filing of the request for site approval the
34 applicant may deem the request approved.
HB1268 Enrolled -943- LRB9000999EGfg
1 At any time prior to completion by the applicant of the
2 presentation of the applicant's factual evidence and an
3 opportunity for cross-questioning by the county board or
4 governing body of the municipality and any participants, the
5 applicant may file not more than one amended application upon
6 payment of additional fees pursuant to subsection (k); in
7 which case the time limitation for final action set forth in
8 this subsection (e) shall be extended for an additional
9 period of 90 days.
10 If, prior to making a final local siting decision, a
11 county board or governing body of a municipality has
12 negotiated and entered into a host agreement with the local
13 siting applicant, the terms and conditions of the host
14 agreement, whether written or oral, shall be disclosed and
15 made a part of the hearing record for that local siting
16 proceeding. In the case of an oral agreement, the disclosure
17 shall be made in the form of a written summary jointly
18 prepared and submitted by the county board or governing body
19 of the municipality and the siting applicant and shall
20 describe the terms and conditions of the oral agreement.
21 (e-5) Siting approval obtained pursuant to this Section
22 is transferable and may be transferred to a subsequent owner
23 or operator. In the event that siting approval has been
24 transferred to a subsequent owner or operator, that
25 subsequent owner or operator assumes and takes subject to any
26 and all conditions imposed upon the prior owner or operator
27 by the county board of the county or governing body of the
28 municipality pursuant to subsection (e). However, any such
29 conditions imposed pursuant to this Section may be modified
30 by agreement between the subsequent owner or operator and the
31 appropriate county board or governing body. Further, in the
32 event that siting approval obtained pursuant to this Section
33 has been transferred to a subsequent owner or operator, that
34 subsequent owner or operator assumes all rights and
HB1268 Enrolled -944- LRB9000999EGfg
1 obligations and takes the facility subject to any and all
2 terms and conditions of any existing host agreement between
3 the prior owner or operator and the appropriate county board
4 or governing body.
5 (f) A local siting approval granted under this Section
6 shall expire at the end of 2 calendar years from the date
7 upon which it was granted, unless the local siting approval
8 granted under this Section is for a sanitary landfill
9 operation, in which case the approval shall expire at the end
10 of 3 calendar years from the date upon which it was granted,
11 and unless within that period the applicant has made
12 application to the Agency for a permit to develop the site.
13 In the event that the local siting decision has been
14 appealed, such expiration period shall be deemed to begin on
15 the date upon which the appeal process is concluded.
16 Except as otherwise provided in this subsection, upon the
17 expiration of a development permit under subsection (k) of
18 Section 39, any associated local siting approval granted for
19 the facility under this Section shall also expire.
20 If a first development permit for a municipal waste
21 incineration facility expires under subsection (k) of Section
22 39 after September 30, 1989 due to circumstances beyond the
23 control of the applicant, any associated local siting
24 approval granted for the facility under this Section may be
25 used to fulfill the local siting approval requirement upon
26 application for a second development permit for the same
27 site, provided that the proposal in the new application is
28 materially the same, with respect to the criteria in
29 subsection (a) of this Section, as the proposal that received
30 the original siting approval, and application for the second
31 development permit is made before January 1, 1990.
32 (g) The siting approval procedures, criteria and appeal
33 procedures provided for in this Act for new pollution control
34 facilities shall be the exclusive siting procedures and rules
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1 and appeal procedures for facilities subject to such
2 procedures. Local zoning or other local land use requirements
3 shall not be applicable to such siting decisions.
4 (h) Nothing in this Section shall apply to any existing
5 or new pollution control facility located within the
6 corporate limits of a municipality with a population of over
7 1,000,000.
8 (i) The Department shall make a study of technical
9 considerations relating to the siting of new pollution
10 control facilities. Such study shall include, but need not be
11 limited to, a determination of the geologic and hydrologic
12 conditions in the State most suitable for the siting of such
13 facilities, the establishment of a data base on such
14 conditions in Illinois, and recommendations for the
15 establishment of technical guidelines and criteria to be used
16 in making such siting decisions. The Department shall report
17 such study and recommendations to the General Assembly, the
18 Governor, the Board and the public no later than October 1,
19 1984.
20 The Board shall adopt regulations establishing the
21 geologic and hydrologic siting criteria necessary to protect
22 usable groundwater resources which are to be followed by the
23 Agency in its review of permit applications for new pollution
24 control facilities. Such regulations, insofar as they apply
25 to new pollution control facilities authorized to store,
26 treat or dispose of any hazardous waste, shall be at least as
27 stringent as the requirements of the Resource Conservation
28 and Recovery Act and any State or federal regulations adopted
29 pursuant thereto.
30 (j) Any new pollution control facility which has never
31 obtained local siting approval under the provisions of this
32 Section shall be required to obtain such approval after a
33 final decision on an appeal of a permit denial.
34 (k) A county board or governing body of a municipality
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1 may charge applicants for siting review under this Section a
2 reasonable fee to cover the reasonable and necessary costs
3 incurred by such county or municipality in the siting review
4 process.
5 (l) The governing Authority as determined by subsection
6 (c) of Section 39 of this Act may request the Department of
7 Transportation to perform traffic impact studies of proposed
8 or potential locations for required pollution control
9 facilities.
10 (m) An applicant may not file a request for local siting
11 approval which is substantially the same as a request which
12 was disapproved pursuant to a finding against the applicant
13 under any of criteria (i) through (ix) of subsection (a) of
14 this Section within the preceding 2 years.
15 (n) In any review proceeding of a decision of the county
16 board or governing body of a municipality made pursuant to
17 the local siting review process, the petitioner in the review
18 proceeding shall pay to the county or municipality the cost
19 of preparing and certifying the record of proceedings.
20 Should the petitioner in the review proceeding fail to make
21 payment, the provisions of Section 3-109 of the Code of Civil
22 Procedure shall apply.
23 In the event the petitioner is a citizens' group that
24 participated in the siting proceeding and is so located as to
25 be affected by the proposed facility, such petitioner shall
26 be exempt from paying the costs of preparing and certifying
27 the record.
28 (o) Notwithstanding any other provision of this Section,
29 a transfer station used exclusively for landscape waste,
30 where landscape waste is held no longer than 24 hours from
31 the time it was received, is not subject to the requirements
32 of local siting approval under this Section, but is subject
33 only to local zoning approval.
34 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
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1 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
2 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; revised
3 12-1-97.)
4 (415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
5 Sec. 39.3. (a) The provisions of this Section apply to
6 any application for a permit under the Solid Waste Rules of
7 the Board's Rules and Regulations to develop a new pollution
8 control facility for the disposal of hazardous waste, and to
9 any application to modify the development of an existing site
10 or facility which would allow the disposal of hazardous waste
11 for the first time. The requirements of this Section are in
12 addition to any other procedures as may be required by law.
13 (b) Any application for a permit under this Section
14 shall be made to the Agency, and shall be accompanied by
15 proof that notice of the application has been served upon the
16 Attorney General, the State's Attorney and the Chairman of
17 the County Board of the county in which the facility is
18 proposed to be located, each member of the General Assembly
19 from the legislative district in which the facility is
20 proposed to be located, and the clerk of each municipality,
21 any portion of which is within three miles of the boundary of
22 the facility. Upon the request of any person upon whom
23 notice is required to be served, the applicant shall promptly
24 furnish a copy of the application to the person making the
25 request.
26 (c) (i) Not more than 90 days after receipt of a
27 complete application for a permit under this Section, the
28 Agency shall give public notice of its preliminary
29 determination to either issue or deny the permit, and shall
30 give notice of the opportunity for a public hearing on that
31 preliminary determination under this Section. Upon the
32 request of the permit applicant, or of any other person who
33 is admitted as a party pursuant to subsection (d), the Agency
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1 shall schedule a public hearing pursuant to subsection (e).
2 (ii) The Agency notice shall be published in a newspaper
3 of general circulation in the county in which the site is
4 proposed to be located, and shall be served upon the Attorney
5 General, the State's Attorney and the Chairman of the County
6 Board of the county in which the facility is proposed to be
7 located, each member of the General Assembly from the
8 legislative district in which the facility is proposed to be
9 located, and the clerk of each municipality, any portion of
10 which is within three miles of the boundary of the facility.
11 (iii) The contents, form, and manner of service of the
12 Agency notice shall conform to the requirements of Section
13 10-25 of the Illinois Administrative Procedure Act.
14 (d) Within 60 days after the date of the Agency notice
15 required by subsection (c) of this Section, any person who
16 may be adversely affected by an Agency decision on the permit
17 application may petition the Agency to intervene before the
18 Agency as a party. The petition to intervene shall contain a
19 short and plain statement identifying the petitioner and
20 stating the petitioner's interest. The petitioner shall
21 serve the petition upon the applicant for the permit and upon
22 any other persons who have petitioned to intervene. Unless
23 the Agency determines that the petition is duplicitous or
24 frivolous, it shall admit the petitioner as a party.
25 (e) (i) Not less than 60 days nor more than 180 days
26 after the date of the Agency notice required by subsection
27 (c) of this Section, the Agency shall commence the public
28 hearing required by this Section.
29 (ii) The public hearing and other proceedings required
30 by this Section shall be conducted in accordance with the
31 provisions concerning contested cases of the Illinois
32 Administrative Procedure Act shall apply.
33 (iii) The public hearing required by this Section may,
34 with the concurrence of the Agency, the permit applicant and
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1 the County Board of the county or the governing body of the
2 municipality, be conducted jointly with the public hearing
3 required by Section 39.2 of this Act.
4 (iv) All documents submitted to the Agency in connection
5 with the public hearing shall be reproduced and filed at the
6 office of the county board or governing body of the
7 municipality and may be copied upon payment of the actual
8 cost of reproduction.
9 (f) Within sixty days of the completion of the public
10 hearing required by this Section the Agency shall render a
11 final decision either granting or denying the permit.
12 (g) The Agency shall adopt such procedural rules as may
13 be necessary and appropriate to carry out its duties under
14 this Section which are not inconsistent with the requirements
15 of this Section. In adopting such procedural rules the
16 Agency shall follow the requirements concerning rulemaking of
17 the Illinois Administrative Procedure Act.
18 (h) This Section shall not apply to permits issued by
19 the Agency pursuant to authority delegated from the United
20 States pursuant to the Resource Conservation and Recovery Act
21 of 1976, P.L. 94-580, as amended, or the Safe Drinking Water
22 Act, P.L. 93-523, as amended.
23 (Source: P.A. 88-45; 88-681, eff. 12-22-94; revised
24 12-18-97.)
25 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
26 Sec. 44. Criminal acts crimes; penalties.
27 (a) Except as otherwise provided in this Section, it
28 shall be a Class A misdemeanor to violate this Act or
29 regulations thereunder, or any permit or term or condition
30 thereof, or knowingly to submit any false information under
31 this Act or regulations adopted thereunder, or under any
32 permit or term or condition thereof. A court may, in addition
33 to any other penalty herein imposed, order a person convicted
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1 of any violation of this Act to perform community service for
2 not less than 100 hours and not more than 300 hours if
3 community service is available in the jurisdiction. It shall
4 be the duty of all State and local law-enforcement officers
5 to enforce such Act and regulations, and all such officers
6 shall have authority to issue citations for such violations.
7 (b) Calculated Criminal Disposal of Hazardous Waste.
8 (1) A person commits the offense of Calculated
9 Criminal Disposal of Hazardous Waste when, without lawful
10 justification, he knowingly disposes of hazardous waste
11 while knowing that he thereby places another person in
12 danger of great bodily harm or creates an immediate or
13 long-term danger to the public health or the environment.
14 (2) Calculated Criminal Disposal of Hazardous Waste
15 is a Class 2 felony. In addition to any other penalties
16 prescribed by law, a person convicted of the offense of
17 Calculated Criminal Disposal of Hazardous Waste is
18 subject to a fine not to exceed $500,000 for each day of
19 such offense.
20 (c) Criminal Disposal of Hazardous Waste.
21 (1) A person commits the offense of Criminal
22 Disposal of Hazardous Waste when, without lawful
23 justification, he knowingly disposes of hazardous waste.
24 (2) Criminal Disposal of Hazardous Waste is a Class
25 3 felony. In addition to any other penalties prescribed
26 by law, a person convicted of the offense of Criminal
27 Disposal of Hazardous Waste is subject to a fine not to
28 exceed $250,000 for each day of such offense.
29 (d) Unauthorized Use of Hazardous Waste.
30 (1) A person commits the offense of Unauthorized
31 Use of Hazardous Waste when he, being required to have a
32 permit, registration, or license under this Act or any
33 other law regulating the treatment, transportation, or
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1 storage of hazardous waste, knowingly:
2 (A) treats, transports, or stores any
3 hazardous waste without such permit, registration,
4 or license;
5 (B) treats, transports, or stores any
6 hazardous waste in violation of the terms and
7 conditions of such permit or license;
8 (C) transports any hazardous waste to a
9 facility which does not have a permit or license
10 required under this Act; or
11 (D) transports by vehicle any hazardous waste
12 without having in each vehicle credentials issued to
13 the transporter by the transporter's base state
14 pursuant to procedures established under the Uniform
15 Program.
16 (2) A person who is convicted of a violation of
17 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
18 is guilty of a Class 4 felony. A person who is convicted
19 of a violation of subdivision (1)(D) is guilty of a Class
20 A misdemeanor. In addition to any other penalties
21 prescribed by law, a person convicted of violating
22 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
23 not to exceed $100,000 for each day of such violation,
24 and a person who is convicted of violating subdivision
25 (1)(D) is subject to a fine not to exceed $1,000.
26 (e) Unlawful Delivery of Hazardous Waste.
27 (1) Except as authorized by this Act or the federal
28 Resource Conservation and Recovery Act, and the
29 regulations promulgated thereunder, it is unlawful for
30 any person to knowingly deliver hazardous waste.
31 (2) Unlawful Delivery of Hazardous Waste is a Class
32 3 felony. In addition to any other penalties prescribed
33 by law, a person convicted of the offense of Unlawful
34 Delivery of Hazardous Waste is subject to a fine not to
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1 exceed $250,000 for each such violation.
2 (3) For purposes of this Section, "deliver" or
3 "delivery" means the actual, constructive, or attempted
4 transfer of possession of hazardous waste, with or
5 without consideration, whether or not there is an agency
6 relationship.
7 (f) Reckless Disposal of Hazardous Waste.
8 (1) A person commits Reckless Disposal of Hazardous
9 Waste if he disposes of hazardous waste, and his acts
10 which cause the hazardous waste to be disposed of,
11 whether or not those acts are undertaken pursuant to or
12 under color of any permit or license, are performed with
13 a conscious disregard of a substantial and unjustifiable
14 risk that such disposing of hazardous waste is a gross
15 deviation from the standard of care which a reasonable
16 person would exercise in the situation.
17 (2) Reckless Disposal of Hazardous Waste is a Class
18 4 felony. In addition to any other penalties prescribed
19 by law, a person convicted of the offense of Reckless
20 Disposal of Hazardous Waste is subject to a fine not to
21 exceed $50,000 for each day of such offense.
22 (g) Concealment of Criminal Disposal of Hazardous Waste.
23 (1) A person commits the offense of Concealment of
24 Criminal Disposal of Hazardous Waste when he conceals,
25 without lawful justification, the disposal of hazardous
26 waste with the knowledge that such hazardous waste has
27 been disposed of in violation of this Act.
28 (2) Concealment of Criminal Disposal of a Hazardous
29 Waste is a Class 4 felony. In addition to any other
30 penalties prescribed by law, a person convicted of the
31 offense of Concealment of Criminal Disposal of Hazardous
32 Waste is subject to a fine not to exceed $50,000 for each
33 day of such offense.
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1 (h) Violations; False Statements.
2 (1) Any person who knowingly makes a false material
3 statement in an application for a permit or license
4 required by this Act to treat, transport, store, or
5 dispose of hazardous waste commits the offense of perjury
6 and shall be subject to the penalties set forth in
7 Section 32-2 of the Criminal Code of 1961.
8 (2) Any person who knowingly makes a false material
9 statement or representation in any label, manifest,
10 record, report, permit or license, or other document
11 filed, maintained or used for the purpose of compliance
12 with this Act in connection with the generation,
13 disposal, treatment, storage, or transportation of
14 hazardous waste commits a Class 4 felony. A second or
15 any subsequent offense after conviction hereunder is a
16 Class 3 felony.
17 (3) Any person who knowingly destroys, alters or
18 conceals any record required to be made by this Act in
19 connection with the disposal, treatment, storage, or
20 transportation of hazardous waste, commits a Class 4
21 felony. A second or any subsequent offense after a
22 conviction hereunder is a Class 3 felony.
23 (4) Any person who knowingly makes a false material
24 statement or representation in any application, bill,
25 invoice, or other document filed, maintained, or used for
26 the purpose of receiving money from the Underground
27 Storage Tank Fund commits a Class 4 felony. A second or
28 any subsequent offense after conviction hereunder is a
29 Class 3 felony.
30 (5) Any person who knowingly destroys, alters, or
31 conceals any record required to be made or maintained by
32 this Act or required to be made or maintained by Board or
33 Agency rules for the purpose of receiving money from the
34 Underground Storage Tank Fund commits a Class 4 felony. A
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1 second or any subsequent offense after a conviction
2 hereunder is a Class 3 felony.
3 (6) A person who knowingly and falsely certifies
4 under Section 22.48 that an industrial process waste or
5 pollution control waste is not special waste commits a
6 Class 4 felony for a first offense and commits a Class 3
7 felony for a second or subsequent offense.
8 (7) In addition to any other penalties prescribed
9 by law, a person convicted of violating this subsection
10 (h) is subject to a fine not to exceed $50,000 for each
11 day of such violation.
12 (i) Verification.
13 (1) Each application for a permit or license to
14 dispose of, transport, treat, store or generate hazardous
15 waste under this Act shall contain an affirmation that
16 the facts are true and are made under penalty of perjury
17 as defined in Section 32-2 of the Criminal Code of 1961.
18 It is perjury for a person to sign any such application
19 for a permit or license which contains a false material
20 statement, which he does not believe to be true.
21 (2) Each request for money from the Underground
22 Storage Tank Fund shall contain an affirmation that the
23 facts are true and are made under penalty of perjury as
24 defined in Section 32-2 of the Criminal Code of 1961. It
25 is perjury for a person to sign any request that contains
26 a false material statement that he does not believe to be
27 true.
28 (j) Violations of Other Provisions.
29 (1) It is unlawful for a person knowingly to
30 violate:
31 (A) subsection (f) of Section 12 of this Act;
32 (B) subsection (g) of Section 12 of this Act;
33 (C) any term or condition of any Underground
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1 Injection Control (UIC) permit;
2 (D) any filing requirement, regulation, or
3 order relating to the State Underground Injection
4 Control (UIC) program;
5 (E) any provision of any regulation, standard,
6 or filing requirement under subsection (b) of
7 Section 13 of this Act;
8 (F) any provision of any regulation, standard,
9 or filing requirement under subsection (b) of
10 Section 39 of this Act;
11 (G) any National Pollutant Discharge
12 Elimination System (NPDES) permit issued under this
13 Act or any term or condition of such permit;
14 (H) subsection (h) of Section 12 of this Act;
15 (I) subsection 6 of Section 39.5 of this Act;
16 (J) any provision of any regulation, standard
17 or filing requirement under Section 39.5 of this
18 Act; or
19 (K) a provision of the Procedures for Asbestos
20 Emission Control in subsection (c) of Section 61.145
21 of Title 40 of the Code of Federal Regulations.
22 (2) A person convicted of a violation of
23 subdivision (1) of this subsection commits a Class 4
24 felony, and in addition to any other penalty prescribed
25 by law is subject to a fine not to exceed $25,000 for
26 each day of such violation.
27 (3) A person who negligently violates the following
28 shall be subject to a fine not to exceed $10,000 for each
29 day of such violation:
30 (A) subsection (f) of Section 12 of this Act;
31 (B) subsection (g) of Section 12 of this Act;
32 (C) any provision of any regulation, standard,
33 or filing requirement under subsection (b) of
34 Section 13 of this Act;
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1 (D) any provision of any regulation, standard,
2 or filing requirement under subsection (b) of
3 Section 39 of this Act;
4 (E) any National Pollutant Discharge
5 Elimination System (NPDES) permit issued under this
6 Act;
7 (F) subsection 6 of Section 39.5 of this Act;
8 or
9 (G) any provision of any regulation, standard,
10 or filing requirement under Section 39.5 of this
11 Act.
12 (4) It is unlawful for a person knowingly to:
13 (A) make any false statement, representation,
14 or certification in an application form, or form
15 pertaining to, a National Pollutant Discharge
16 Elimination System (NPDES) permit;
17 (B) render inaccurate any monitoring device or
18 record required by the Agency or Board in connection
19 with any such permit or with any discharge which is
20 subject to the provisions of subsection (f) of
21 Section 12 of this Act;
22 (C) make any false statement, representation,
23 or certification in any form, notice or report
24 pertaining to a CAAPP permit under Section 39.5 of
25 this Act;
26 (D) render inaccurate any monitoring device or
27 record required by the Agency or Board in connection
28 with any CAAPP permit or with any emission which is
29 subject to the provisions of Section 39.5 of this
30 Act; or
31 (E) violate subsection 6 of Section 39.5 of
32 this Act or any CAAPP permit, or term or condition
33 thereof, or any fee or filing requirement.
34 (5) A person convicted of a violation of
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1 subdivision (4) of this subsection commits a Class A
2 misdemeanor, and in addition to any other penalties
3 provided by law is subject to a fine not to exceed
4 $10,000 for each day of violation.
5 (k) Criminal operation of a hazardous waste or PCB
6 incinerator.
7 (1) A person commits the offense of criminal
8 operation of a hazardous waste or PCB incinerator when,
9 in the course of operating a hazardous waste or PCB
10 incinerator, he knowingly and without justification
11 operates the incinerator (i) without an Agency permit, or
12 in knowing violation of the terms of an Agency permit,
13 and (ii) as a result of such violation, knowingly places
14 any person in danger of great bodily harm or knowingly
15 creates an immediate or long term material danger to the
16 public health or the environment.
17 (2) Any person who commits the offense of criminal
18 operation of a hazardous waste or PCB incinerator for the
19 first time commits a Class 4 felony and, in addition to
20 any other penalties prescribed by law, shall be subject
21 to a fine not to exceed $100,000 for each day of the
22 offense.
23 Any person who commits the offense of criminal
24 operation of a hazardous waste or PCB incinerator for a
25 second or subsequent time commits a Class 3 felony and,
26 in addition to any other penalties prescribed by law,
27 shall be subject to a fine not to exceed $250,000 for
28 each day of the offense.
29 (3) For the purpose of this subsection (k), the
30 term "hazardous waste or PCB incinerator" means a
31 pollution control facility at which either hazardous
32 waste or PCBs, or both, are incinerated. "PCBs" means any
33 substance or mixture of substances that contains one or
34 more polychlorinated biphenyls in detectable amounts.
HB1268 Enrolled -958- LRB9000999EGfg
1 (l) It shall be the duty of all State and local law
2 enforcement officers to enforce this Act and the regulations
3 adopted hereunder, and all such officers shall have authority
4 to issue citations for such violations.
5 (m) Any action brought under this Section shall be
6 brought by the State's Attorney of the county in which the
7 violation occurred, or by the Attorney General, and shall be
8 conducted in accordance with the applicable provisions of the
9 Code of Criminal Procedure of 1963.
10 (n) For an offense described in this Section, the period
11 for commencing prosecution prescribed by the statute of
12 limitations shall not begin to run until the offense is
13 discovered by or reported to a State or local agency having
14 the authority to investigate violations of this Act.
15 (o) In addition to any other penalties provided under
16 this Act, if a person is convicted of (or agrees to a
17 settlement in an enforcement action over) illegal dumping of
18 waste on the person's own property, the Attorney General, the
19 Agency or local prosecuting authority shall file notice of
20 the conviction, finding or agreement in the office of the
21 Recorder in the county in which the landowner lives.
22 (p) Criminal Disposal of Waste.
23 (1) A person commits the offense of Criminal
24 Disposal of Waste when he or she:
25 (A) if required to have a permit under
26 subsection (d) of Section 21 of this Act, knowingly
27 conducts a waste-storage, waste-treatment, or
28 waste-disposal operation in a quantity that exceeds
29 250 cubic feet of waste without a permit; or
30 (B) knowingly conducts open dumping of waste
31 in violation of subsection (a) of Section 21 of this
32 Act.
33 (2) (A) A person who is convicted of a violation of
34 item (A) of subdivision (1) of this subsection is
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1 guilty of a Class 4 felony for a first offense and,
2 in addition to any other penalties provided by law,
3 is subject to a fine not to exceed $25,000 for each
4 day of violation. A person who is convicted of a
5 violation of item (A) of subdivision (1) of this
6 subsection is guilty of a Class 3 felony for a
7 second or subsequent offense and, in addition to any
8 other penalties provided by law, is subject to a
9 fine not to exceed $50,000 for each day of
10 violation.
11 (B) A person who is convicted of a violation
12 of item (B) of subdivision (1) of this subsection is
13 guilty of a Class A misdemeanor. However, a person
14 who is convicted of a second or subsequent violation
15 of item (B) of subdivision (1) of this subsection
16 for the open dumping of waste in a quantity that
17 exceeds 250 cubic feet is guilty of a Class 4 felony
18 and, in addition to any other penalties provided by
19 law, is subject to a fine not to exceed $5,000 for
20 each day of violation.
21 (Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97;
22 90-344, eff. 1-1-98; 90-502, eff. 8-19-97; revised 10-27-97.)
23 Section 134. The Illinois Solid Waste Management Act is
24 amended by changing Section 3 as follows:
25 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
26 Sec. 3. State agency materials recycling program.
27 (a) All State agencies responsible for the maintenance
28 of public lands in the State shall, to the maximum extent
29 feasible, give due consideration and preference to the use of
30 compost materials in all land maintenance activities which
31 are to be paid with public funds.
32 (b) The Department of Central Management Services, in
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1 coordination with the Department of Commerce and Community
2 Affairs, shall implement waste reduction programs, including
3 source separation and collection, for office wastepaper,
4 corrugated containers, newsprint and mixed paper, in all
5 State buildings as appropriate and feasible. Such waste
6 reduction programs shall be designed to achieve waste
7 reductions of at least 25% of all such waste by December 31,
8 1995, and at least 50% of all such waste by December 31,
9 2000. Any source separation and collection program shall
10 include, at a minimum, procedures for collecting and storing
11 recyclable materials, bins or containers for storing
12 materials, and contractual or other arrangements with buyers
13 of recyclable materials. If market conditions so warrant,
14 the Department of Central Management Services, in
15 coordination with the Department of Commerce and Community
16 Affairs, may modify programs developed pursuant to this
17 Section.
18 The Department of Commerce and Community Affairs shall
19 conduct waste categorization studies of all State facilities
20 for calendar years 1991, 1995 and 2000. Such studies shall
21 be designed to assist the Department of Central Management
22 Services to achieve the waste reduction goals established in
23 this subsection.
24 (c) Each State agency shall, upon consultation with the
25 Department of Commerce and Community Affairs, periodically
26 review its procurement procedures and specifications related
27 to the purchase of products or supplies. Such procedures and
28 specifications shall be modified as necessary to require the
29 procuring agency to seek out products and supplies that
30 contain recycled materials, and to ensure that purchased
31 products or supplies are reusable, durable or made from
32 recycled materials whenever economically and practically
33 feasible. In choosing among products or supplies that
34 contain recycled material, consideration shall be given to
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1 products and supplies with the highest recycled material
2 content that is consistent with the effective and efficient
3 use of the product or supply.
4 (d) Wherever economically and practically feasible, the
5 Department of Central Management Services shall procure
6 recycled paper and paper products as follows:
7 (1) Beginning July 1, 1989, at least 10% of the
8 total dollar value of paper and paper products purchased
9 by the Department of Central Management Services shall be
10 recycled paper and paper products.
11 (2) Beginning July 1, 1992, at least 25% of the
12 total dollar value of paper and paper products purchased
13 by the Department of Central Management Services shall be
14 recycled paper and paper products.
15 (3) Beginning July 1, 1996, at least 40% of the
16 total dollar value of paper and paper products purchased
17 by the Department of Central Management Services shall be
18 recycled paper and paper products.
19 (4) Beginning July 1, 2000, at least 50% of the
20 total dollar value of paper and paper products purchased
21 by the Department of Central Management Services shall be
22 recycled paper and paper products.
23 (e) Paper and paper products purchased from private
24 vendors pursuant to printing contracts are not considered
25 paper products for the purposes of subsection (d). However,
26 the Department of Central Management Services shall report to
27 the General Assembly on an annual basis the total dollar
28 value of printing contracts awarded to private sector vendors
29 that included the use of recycled paper.
30 (f)(1) Wherever economically and practically feasible,
31 the recycled paper and paper products referred to in
32 subsection (d) shall contain postconsumer or recovered
33 paper materials as specified by paper category in this
34 subsection:
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1 (i) Recycled high grade printing and writing
2 paper shall contain at least 50% recovered paper
3 material. Such recovered paper material, until July
4 1, 1994, shall consist of at least 20% deinked stock
5 or postconsumer material; and beginning July 1,
6 1994, shall consist of at least 25% deinked stock or
7 postconsumer material; and beginning July 1, 1996,
8 shall consist of at least 30% deinked stock or
9 postconsumer material; and beginning July 1, 1998,
10 shall consist of at least 40% deinked stock or
11 postconsumer material; and beginning July 1, 2000,
12 shall consist of at least 50% deinked stock or
13 postconsumer material.
14 (ii) Recycled tissue products, until July 1,
15 1994, shall contain at least 25% postconsumer
16 material; and beginning July 1, 1994, shall contain
17 at least 30% postconsumer material; and beginning
18 July 1, 1996, shall contain at least 35%
19 postconsumer material; and beginning July 1, 1998,
20 shall contain at least 40% postconsumer material;
21 and beginning July 1, 2000, shall contain at least
22 45% postconsumer material.
23 (iii) Recycled newsprint, until July 1, 1994,
24 shall contain at least 40% postconsumer material;
25 and beginning July 1, 1994, shall contain at least
26 50% postconsumer material; and beginning July 1,
27 1996, shall contain at least 60% postconsumer
28 material; and beginning July 1, 1998, shall contain
29 at least 70% postconsumer material; and beginning
30 July 1, 2000, shall contain at least 80%
31 postconsumer material.
32 (iv) Recycled unbleached packaging, until July
33 1, 1994, shall contain at least 35% postconsumer
34 material; and beginning July 1, 1994, shall contain
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1 at least 40% postconsumer material; and beginning
2 July 1, 1996, shall contain at least 45%
3 postconsumer material; and beginning July 1, 1998,
4 shall contain at least 50% postconsumer material;
5 and beginning July 1, 2000, shall contain at least
6 55% postconsumer material.
7 (v) Recycled paperboard, until July 1, 1994,
8 shall contain at least 80% postconsumer material;
9 and beginning July 1, 1994, shall contain at least
10 85% postconsumer material; and beginning July 1,
11 1996, shall contain at least 90% postconsumer
12 material; and beginning July 1, 1998, shall contain
13 at least 95% postconsumer material.
14 (2) For the purposes of this Section, "postconsumer
15 material" includes:
16 (i) paper, paperboard, and fibrous wastes from
17 retail stores, office buildings, homes, and so
18 forth, after the waste has passed through its end
19 usage as a consumer item, including used corrugated
20 boxes, old newspapers, mixed waste paper, tabulating
21 cards, and used cordage; and
22 (ii) all paper, paperboard, and fibrous wastes
23 that are diverted or separated from the municipal
24 solid waste stream.
25 (3) For the purposes of this Section, "recovered
26 paper material" includes:
27 (i) postconsumer material;
28 (ii) dry paper and paperboard waste generated
29 after completion of the papermaking process (that
30 is, those manufacturing operations up to and
31 including the cutting and trimming of the paper
32 machine reel into smaller rolls or rough sheets),
33 including envelope cuttings, bindery trimmings, and
34 other paper and paperboard waste resulting from
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1 printing, cutting, forming, and other converting
2 operations, or from bag, box and carton
3 manufacturing, and butt rolls, mill wrappers, and
4 rejected unused stock; and
5 (iii) finished paper and paperboard from
6 obsolete inventories of paper and paperboard
7 manufacturers, merchants, wholesalers, dealers,
8 printers, converters, or others.
9 (g) The Department of Central Management Services may
10 adopt regulations to carry out the provisions and purposes of
11 this Section.
12 (h) Every State agency shall, in its procurement
13 documents, specify that, whenever economically and
14 practically feasible, a product to be procured must consist,
15 wholly or in part, of recycled materials, or be recyclable or
16 reusable in whole or in part. When applicable, if state
17 guidelines are not already prescribed, State agencies shall
18 follow USEPA guidelines for federal procurement.
19 (i) All State agencies shall cooperate with the
20 Department of Central Management Services in carrying out
21 this Section. The Department of Central Management Services
22 may enter into cooperative purchasing agreements with other
23 governmental units in order to obtain volume discounts, or
24 for other reasons in accordance with the Governmental Joint
25 Purchasing Act, or in accordance with the Intergovernmental
26 Cooperation Act if governmental units of other states or the
27 federal government are involved.
28 (j) The Department of Central Management Services shall
29 submit an annual report to the General Assembly concerning
30 its implementation of the State's collection and recycled
31 paper procurement programs. This report shall include a
32 description of the actions that the Department of Central
33 Management Services has taken in the previous fiscal year to
34 implement this Section. This report shall be submitted on or
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1 before November 1 of each year.
2 (k) The Department of Central Management Services, in
3 cooperation with all other appropriate departments and
4 agencies of the State, shall institute whenever economically
5 and practically feasible the use of re-refined motor oil in
6 all State-owned motor vehicles and the use of remanufactured
7 and retread tires whenever such use is practical, beginning
8 no later than July 1, 1992.
9 (l) (Blank).
10 (m) The Department of Central Management Services, in
11 coordination with the Department of Commerce and Community
12 Affairs, shall implement an aluminum can recycling program in
13 all State buildings within 270 days of the effective date of
14 this amendatory Act of 1997. The program shall provide for
15 (1) the collection and storage of used aluminum cans in bins
16 or other appropriate containers made reasonably available to
17 occupants and visitors of State buildings and (2) the sale of
18 used aluminum cans to buyers of recyclable materials.
19 Proceeds from the sale of used aluminum cans shall be
20 deposited into I-CYCLE accounts maintained in the State
21 Surplus Property Revolving Fund and, subject to
22 appropriation, shall be used by the Department of Central
23 Management Services and any other State agency to offset the
24 costs of implementing the aluminum can recycling program
25 under this Section.
26 All State agencies having an aluminum can recycling
27 program in place shall continue with their current plan. If a
28 State agency has an existing recycling program in place,
29 proceeds from the aluminum can recycling program may be
30 retained and distributed pursuant to that program, otherwise
31 all revenue resulting from these programs shall be forwarded
32 to Central Management Services, I-CYCLE for placement into
33 the appropriate account within the State Surplus Property
34 Revolving Fund, minus any operating costs associated with the
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1 program.
2 (Source: P.A. 89-445, eff. 2-7-96; 90-180, eff. 7-23-97;
3 90-372, eff. 7-1-98; revised 11-18-97.)
4 Section 135. The Illinois Groundwater Protection Act is
5 amended by changing Section 8 as follows:
6 (415 ILCS 55/8) (from Ch. 111 1/2, par. 7458)
7 Sec. 8. (a) The Agency, after consultation with the
8 Committee and the Council, shall propose regulations
9 establishing comprehensive water quality standards which are
10 specifically for the protection of groundwater. In preparing
11 such regulations, the Agency shall address, to the extent
12 feasible, those contaminants which have been found in the
13 groundwaters of the State and which are known to cause, or
14 are suspected of causing, cancer, birth defects, or any other
15 adverse effect on human health according to nationally
16 accepted guidelines. Such regulations shall be submitted to
17 the Board by July 1, 1989.
18 (b) Within 2 years after the date upon which the Agency
19 files the proposed regulations, the Board shall promulgate
20 the water quality standards for groundwater. In promulgating
21 these regulations, the Board shall, in addition to the
22 factors set forth in Title VII of the Environmental
23 Protection Act, consider the following:
24 (1) recognition that groundwaters differ in many
25 important respects from surface waters, including water
26 quality, rate of movement, direction of flow,
27 accessibility, susceptibility to pollution, and use;
28 (2) classification of groundwaters on an
29 appropriate basis, such as their utility as a resource or
30 susceptibility susceptability to contamination;
31 (3) preference for numerical water quality
32 standards, where possible, over narrative standards,
HB1268 Enrolled -967- LRB9000999EGfg
1 especially where specific contaminants have been commonly
2 detected in groundwaters or where federal drinking water
3 levels or advisories are available;
4 (4) application of nondegradation provisions for
5 appropriate groundwaters, including notification
6 limitations to trigger preventive response activities;
7 (5) relevant experiences from other states where
8 groundwater protection programs have been implemented;
9 and
10 (6) existing methods of detecting and quantifying
11 contaminants with reasonable analytical certainty.
12 (c) To provide a process to expedite promulgation of
13 groundwater quality standards, the provisions of this Section
14 shall be exempt from the requirements of subsection (b) of
15 Section 27 of the "Environmental Protection Act", approved
16 June 29, 1970, as amended; and shall be exempt from the
17 provisions of Sections 4 and 5 of "An Act in relation to
18 natural resources, research, data collection and
19 environmental studies", approved July 1, 1978, as amended.
20 (d) The Department of Natural Resources, with the
21 cooperation of the Committee and the Agency, shall conduct a
22 study of the economic impact of the regulations developed
23 pursuant to this Section. The study shall include, but need
24 not be limited to, consideration of the criteria established
25 in subsection (a) of Section 4 of "An Act in relation to
26 natural resources, research, data collection and
27 environmental studies", approved July 1, 1978, as amended.
28 This study shall be conducted concurrently with the
29 development of the regulations developed pursuant to this
30 Section. Work on this study shall commence as soon as is
31 administratively practicable after the Agency begins
32 development of the regulations. The study shall be submitted
33 to the Board no later than 60 days after the proposed
34 regulations are filed with the Board.
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1 The Department shall consult with the Economic Technical
2 Advisory Committee during the development of the regulations
3 and the economic impact study required in this Section and
4 shall consider the comments of the Committee in the study.
5 (e) The Board may combine public hearings on the
6 economic impact study conducted by the Department with any
7 hearings required under Board rules.
8 (Source: P.A. 89-445, eff. 2-7-96; revised 7-7-97.)
9 Section 136. The Illinois Pesticide Act is amended by
10 changing Section 23 as follows:
11 (415 ILCS 60/23) (from Ch. 5, par. 823)
12 Sec. 23. Subpoenas. The Director may issue subpoenas to
13 compel the attendance of witnesses or the production of
14 books, documents, records, or other information in the State
15 at any hearing affecting the privilege granted by license,
16 certification, registration or permit issued under provisions
17 of this Act.
18 (Source: P.A. 81-197; revised 12-18-97.)
19 Section 137. The Recycled Newsprint Use Act is amended
20 by changing Section 2013 as follows:
21 (415 ILCS 110/2013) (from Ch. 96 1/2, par. 9763)
22 Sec. 2013. Mandatory recycling.
23 (a) If the Department determines that the 1993 annual
24 aggregate average of recycled fiber usage does not meet or
25 exceed the goal established in Section 2003 3 of this Act,
26 the provisions of this Section shall be implemented.
27 (b) During the year 1994 every consumer of newsprint in
28 Illinois shall be required to ensure that its recycled fiber
29 usage is at least 28%, unless he complies with subsection (c)
30 or (d).
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1 (c) If recycled content newsprint cannot be found that
2 meets quality standards established by the Department, or if
3 recycled content newsprint cannot be found in sufficient
4 quantities to meet recycled fiber usage requirements within a
5 given year, or if recycled newsprint cannot be found at a
6 price comparable to that of newsprint made from 100% virgin
7 fibers, the consumer of newsprint shall so certify to the
8 Department and provide the Department with the specific
9 reasons for failing to meet recycled fiber usage
10 requirements.
11 (d) A consumer of newsprint who has made previous
12 contracts with newsprint suppliers before January 1, 1991,
13 may be exempt from the requirements of this Act if those
14 requirements are in conflict with the agreements set forth in
15 the contract. The consumer of newsprint must conform to the
16 conditions of this Act immediately upon expiration or
17 nullification of the contract. Contracts may not be entered
18 into or renewed as an attempt to evade the requirements of
19 this Act.
20 (e) Any consumer of newsprint who knowingly provides the
21 Department with a false or misleading certificate concerning
22 why the consumer of newsprint was unable to obtain the
23 minimum amount of recycled content newsprint needed to
24 achieve the recycled fiber usage requirements, commits a
25 Class C misdemeanor, and the Department, within 30 days of
26 making this determination, shall refer the false or
27 misleading certificate to the Attorney General for
28 prosecution.
29 (f) Any person who knowingly violates subsection (b) of
30 this Section is guilty of a business offense punishable by a
31 fine of not more than $1,000.
32 (Source: P.A. 86-1443; revised 12-18-97.)
33 Section 138. The Illinois Low-Level Radioactive Waste
HB1268 Enrolled -970- LRB9000999EGfg
1 Management Act is amended by changing Sections 13 and 19 as
2 follows:
3 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
4 Sec. 13. Waste fees.
5 (a) The Department shall collect a fee from each
6 generator of low-level radioactive wastes in this State.
7 Except as provided in subsections (b), (c), and (d), the
8 amount of the fee shall be $50.00 or the following amount,
9 whichever is greater:
10 (1) $1 per cubic foot of waste shipped for storage,
11 treatment or disposal if storage of the waste for
12 shipment occurred prior to September 7, 1984;
13 (2) $2 per cubic foot of waste stored for shipment
14 if storage of the waste occurs on or after September 7,
15 1984, but prior to October 1, 1985;
16 (3) $3 per cubic foot of waste stored for shipment
17 if storage of the waste occurs on or after October 1,
18 1985;
19 (4) $2 per cubic foot of waste shipped for storage,
20 treatment or disposal if storage of the waste for
21 shipment occurs on or after September 7, 1984 but prior
22 to October 1, 1985, provided that no fee has been
23 collected previously for storage of the waste;.
24 (5) $3 per cubic foot of waste shipped for storage,
25 treatment or disposal if storage of the waste for
26 shipment occurs on or after October 1, 1985, provided
27 that no fees have been collected previously for storage
28 of the waste.
29 Such fees shall be collected annually or as determined by
30 the Department and shall be deposited in the low-level
31 radioactive waste funds as provided in Section 14 of this
32 Act. Notwithstanding any other provision of this Act, no fee
33 under this Section shall be collected from a generator for
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1 waste generated incident to manufacturing before December 31,
2 1980, and shipped for disposal outside of this State before
3 December 31, 1992, as part of a site reclamation leading to
4 license termination.
5 (b) Each nuclear power reactor in this State for which
6 an operating license has been issued by the Nuclear
7 Regulatory Commission shall not be subject to the fee
8 required by subsection (a) with respect to (1) waste stored
9 for shipment if storage of the waste occurs on or after
10 January 1, 1986; and (2) waste shipped for storage, treatment
11 or disposal if storage of the waste for shipment occurs on or
12 after January 1, 1986. In lieu of the fee, each reactor
13 shall be required to pay an annual fee of $90,000 for the
14 treatment, storage and disposal of low-level radioactive
15 waste. Beginning with State fiscal year 1986 and through
16 State fiscal year 1997, fees shall be due and payable on
17 January 1st of each year. For State fiscal year 1998 and all
18 subsequent State fiscal years, fees shall be due and payable
19 on July 1 of each fiscal year. The fee due on July 1, 1997
20 shall be payable on that date, or within 10 days after the
21 effective date of this amendatory Act of 1997, whichever is
22 later.
23 After September 15, 1987, for each nuclear power reactor
24 for which an operating license is issued after January 1, the
25 owner of each such reactor shall be required to pay for the
26 year in which the operating license is issued a prorated fee
27 equal to $246.57 multiplied by the number of days in the year
28 during which the nuclear power reactor will be licensed. The
29 prorated fee shall be due and payable 30 days after the
30 operating license is issued.
31 (c) In each of State fiscal years 1988, 1989 and 1990,
32 in addition to the fee imposed in subsections (b) and (d),
33 the owner of each nuclear power reactor in this State for
34 which an operating license has been issued by the Nuclear
HB1268 Enrolled -972- LRB9000999EGfg
1 Regulatory Commission shall pay a fee of $408,000. If an
2 operating license is issued during one of those 3 fiscal
3 years, the owner shall pay a prorated amount of the fee equal
4 to $1,117.80 multiplied by the number of days in the fiscal
5 year during which the nuclear power reactor was licensed.
6 The fee shall be due and payable as follows: in fiscal
7 year 1988, $204,000 shall be paid on October 1, 1987 and
8 $102,000 shall be paid on each of January 1, 1988 and April
9 1, 1988; in fiscal year 1989, $102,000 shall be paid on each
10 of July 1, 1988, October 1, 1988, January 1, 1989 and April
11 1, 1989; and in fiscal year 1990, $102,000 shall be paid on
12 each of July 1, 1989, October 1, 1989, January 1, 1990 and
13 April 1, 1990. If the operating license is issued during one
14 of the 3 fiscal years, the owner shall be subject to those
15 payment dates, and their corresponding amounts, on which the
16 owner possesses an operating license and, on June 30 of the
17 fiscal year of issuance of the license, whatever amount of
18 the prorated fee remains outstanding.
19 All of the amounts collected by the Department under this
20 subsection (c) shall be deposited into the Low-Level
21 Radioactive Waste Facility Development and Operation Fund
22 created under subsection (a) of Section 14 of this Act and
23 expended, subject to appropriation, for the purposes provided
24 in that subsection.
25 (d) In addition to the fees imposed in subsections (b)
26 and (c), the owners of nuclear power reactors in this State
27 for which operating licenses have been issued by the Nuclear
28 Regulatory Commission shall pay the following fees for each
29 such nuclear power reactor: for State fiscal year 1989,
30 $325,000 payable on October 1, 1988, $162,500 payable on
31 January 1, 1989, and $162,500 payable on April 1, 1989; for
32 State fiscal year 1990, $162,500 payable on July 1, $300,000
33 payable on October 1, $300,000 payable on January 1 and
34 $300,000 payable on April 1; for State fiscal year 1991,
HB1268 Enrolled -973- LRB9000999EGfg
1 either (1) $150,000 payable on July 1, $650,000 payable on
2 September 1, $675,000 payable on January 1, and $275,000
3 payable on April 1, or (2) $150,000 on July 1, $130,000 on
4 the first day of each month from August through December,
5 $225,000 on the first day of each month from January through
6 March and $92,000 on the first day of each month from April
7 through June; for State fiscal year 1992, $260,000 payable on
8 July 1, $900,000 payable on September 1, $300,000 payable on
9 October 1, $150,000 payable on January 1, and $100,000
10 payable on April 1; for State fiscal year 1993, $100,000
11 payable on July 1, $230,000 payable on August 1 or within 10
12 days after July 31, 1992, whichever is later, and $355,000
13 payable on October 1; for State fiscal year 1994, $100,000
14 payable on July 1, $75,000 payable on October 1 and $75,000
15 payable on April 1; for State fiscal year 1995, $100,000
16 payable on July 1, $75,000 payable on October 1, and $75,000
17 payable on April 1, for State fiscal year 1996, $100,000
18 payable on July 1, $75,000 payable on October 1, and $75,000
19 payable on April 1; for State fiscal year 1998 and subsequent
20 fiscal years, $30,000, payable on July 1 of each fiscal year.
21 The fee due on July 1, 1997 shall be payable on that date or
22 within 10 days after the effective date of this amendatory
23 Act of 1997, whichever is later. If the payments under this
24 subsection for fiscal year 1993 due on January 1, 1993, or on
25 April 1, 1993, or both, were due before the effective date of
26 this amendatory Act of the 87th General Assembly, then those
27 payments are waived and need not be made.
28 All of the amounts collected by the Department under this
29 subsection (d) shall be deposited into the Low-Level
30 Radioactive Waste Facility Development and Operation Fund
31 created pursuant to subsection (a) of Section 14 of this Act
32 and expended, subject to appropriation, for the purposes
33 provided in that subsection.
34 All payments made by licensees under this subsection (d)
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1 for fiscal year 1992 that are not appropriated and obligated
2 by the Department above $1,750,000 per reactor in fiscal year
3 1992, shall be credited to the licensees making the payments
4 to reduce the per reactor fees required under this subsection
5 (d) for fiscal year 1993.
6 (e) The Department shall promulgate rules and
7 regulations establishing standards for the collection of the
8 fees authorized by this Section. The regulations shall
9 include, but need not be limited to:
10 (1) the records necessary to identify the amounts
11 of low-level radioactive wastes produced;
12 (2) the form and submission of reports to accompany
13 the payment of fees to the Department; and
14 (3) the time and manner of payment of fees to the
15 Department, which payments shall not be more frequent
16 than quarterly.
17 (f) Any operating agreement entered into under
18 subsection (b) of Section 5 of this Act between the
19 Department and any disposal facility contractor shall,
20 subject to the provisions of this Act, authorize the
21 contractor to impose upon and collect from persons using the
22 disposal facility fees designed and set at levels reasonably
23 calculated to produce sufficient revenues (1) to pay all
24 costs and expenses properly incurred or accrued in
25 connection with, and properly allocated to, performance of
26 the contractor's obligations under the operating agreement,
27 and (2) to provide reasonable and appropriate compensation or
28 profit to the contractor under the operating agreement. For
29 purposes of this subsection (f), the term "costs and
30 expenses" may include, without limitation, (i) direct and
31 indirect costs and expenses for labor, services, equipment,
32 materials, insurance and other risk management costs,
33 interest and other financing charges, and taxes or fees in
34 lieu of taxes; (ii) payments to or required by the United
HB1268 Enrolled -975- LRB9000999EGfg
1 States, the State of Illinois or any agency or department
2 thereof, the Central Midwest Interstate Low-Level Radioactive
3 Waste Compact, and subject to the provisions of this Act, any
4 unit of local government; (iii) amortization of capitalized
5 costs with respect to the disposal facility and its
6 development, including any capitalized reserves; and (iv)
7 payments with respect to reserves, accounts, escrows or trust
8 funds required by law or otherwise provided for under the
9 operating agreement.
10 (g) (Blank).
11 (h) (Blank)..
12 (i) (Blank)..
13 (j) (Blank).
14 (j-5) Prior to commencement of facility operations, the
15 Department shall adopt rules providing for the establishment
16 and collection of fees and charges with respect to the use of
17 the disposal facility as provided in subsection (f) of this
18 Section.
19 (k) The regional disposal facility shall be subject to
20 ad valorem real estate taxes lawfully imposed by units of
21 local government and school districts with jurisdiction over
22 the facility. No other local government tax, surtax, fee or
23 other charge on activities at the regional disposal facility
24 shall be allowed except as authorized by the Department.
25 (l) The Department shall have the power, in the event
26 that acceptance of waste for disposal at the regional
27 disposal facility is suspended, delayed or interrupted, to
28 impose emergency fees on the generators of low-level
29 radioactive waste. Generators shall pay emergency fees within
30 30 days of receipt of notice of the emergency fees. The
31 Department shall deposit all of the receipts of any fees
32 collected under this subsection into the Low-Level
33 Radioactive Waste Facility Development and Operation Fund
34 created under subsection (b) of Section 14. Emergency fees
HB1268 Enrolled -976- LRB9000999EGfg
1 may be used to mitigate the impacts of the suspension or
2 interruption of acceptance of waste for disposal. The
3 requirements for rulemaking in the Illinois Administrative
4 Procedure Act shall not apply to the imposition of emergency
5 fees under this subsection.
6 (m) The Department shall promulgate any other rules and
7 regulations as may be necessary to implement this Section.
8 (Source: P.A. 90-29, eff. 6-26-97; revised 8-6-97.)
9 (420 ILCS 20/19) (from Ch. 111 1/2, par. 241-19)
10 Sec. 19. Agreement State Status. The Governor, on
11 behalf of this State, is authorized to enter into agreements
12 with the federal government providing for discontinuance of
13 certain of the federal government's responsibilities with
14 respect to low level waste disposal.
15 In accordance with P.L. 86-373, Section 274b of the
16 Atomic Energy Act, and the Notice, published in the Federal
17 Register, Vol. 46, No. 15, January 23, 1981, (7540-7546)
18 "Criteria for Guidance of States and NRC in Discontinuance of
19 NRC Regulatory Authority and Assumption thereof by States
20 through Agreement", the Governor is hereby authorized to
21 enter into Full or Limited Agreement State Status for Low
22 Level Waste Disposal with the federal government for
23 regulatory authority over radioactive byproduct, source and
24 special nuclear material as defined in Section 11e(1) and
25 Section 11e(2) of the Atomic Energy Act.
26 (Source: P.A. 83-991; revised 7-7-97.)
27 Section 139. The Radiation Protection Act of 1990 is
28 amended by changing Sections 15 and 35 as follows:
29 (420 ILCS 40/15) (from Ch. 111 1/2, par. 210-15)
30 Sec. 15. Radiologic Technologist Accreditation Advisory
31 Board.
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1 (a) There shall be created a Radiologic Technologist
2 Accreditation Advisory Board consisting of 13 members to be
3 appointed by the Governor on the basis of demonstrated
4 interest in and capacity to further the purposes of this Act:
5 one physician licensed to practice medicine in all its
6 branches specializing in nuclear medicine; one physician
7 licensed to practice medicine in all its branches
8 specializing in diagnostic radiology; one physician licensed
9 to practice medicine in all its branches specializing in
10 therapeutic radiology; 3 physicians licensed to practice
11 medicine in all its branches who do does not specialize in
12 radiology; one medical radiation physicist; one radiologic
13 technologist (radiography); one radiologic technologist
14 (nuclear medicine); one radiologic technologist (therapy);
15 one chiropractor; one person accredited by the Department to
16 perform a limited scope of diagnostic radiography procedures;
17 and one registered nurse. The Director of the Department of
18 Nuclear Safety or his representative shall be an ex officio
19 member of the Board with voting privileges in case of a tie.
20 The Board may appoint consultants to assist in administering
21 this Act.
22 (b) Any person serving on the Board who is a
23 practitioner of a profession or occupation required to be
24 accredited pursuant to this Act, shall be the holder of an
25 appropriate accreditation issued by the State, except in the
26 case of the initial Board members.
27 (c) Members of the Board shall be appointed for 3 year
28 terms, except that of the initial members, the terms of 5
29 shall expire at the end of the first year, 5 at the end of
30 the second year, and 3 at the end of the third year. Any
31 member appointed to fill a vacancy occurring prior to the
32 expiration of the term for which his predecessor was
33 appointed shall be appointed for the remainder of such term.
34 No more than 2 successive terms shall be served by a Board
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1 member.
2 (d) The Chairman of the Board shall be selected by and
3 from the Board membership.
4 (e) The Board members shall serve without compensation
5 but shall be reimbursed for their actual expenses incurred in
6 line of duty.
7 (f) All members of the Board shall be legal residents of
8 the State and shall have practiced for a minimum period of 2
9 years immediately preceding appointment.
10 (g) The Board shall meet at least once a year, and at
11 other times on the call of the Chairman or by a majority of
12 the Board membership.
13 (h) The Board shall advise, consult with and make
14 recommendations to the Department with respect to
15 accreditation requirements to be promulgated by the
16 Department; however, the actions of the Board shall be
17 advisory only with respect to the Department.
18 (i) Individuals who serve on advisory boards of the
19 Department of Nuclear Safety shall be defended by the
20 Attorney General and indemnified for all actions alleging a
21 violation of any duty arising within the scope of their
22 service on such advisory board. Nothing contained herein
23 shall be deemed to afford defense or indemnification for any
24 willful or wanton violation of law. Such defense and
25 indemnification shall be afforded in accordance with the
26 terms and provisions of "An Act to provide for representation
27 and indemnification in certain civil lawsuits", approved
28 December 3, 1977.
29 (Source: P.A. 86-1341; revised 12-18-97.)
30 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
31 Sec. 35. Radiation Protection Fund.
32 (a) All moneys received by the Department under this Act
33 shall be deposited in the State Treasury and shall be set
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1 apart in a special fund to be known as the "Radiation
2 Protection Fund". All monies within the Radiation Protection
3 Fund shall be invested by the State Treasurer in accordance
4 with established investment practices. Interest earned by
5 such investment shall be returned to the Radiation Protection
6 Fund. Monies deposited in this Fund shall be expended by the
7 Director pursuant to appropriation only to support the
8 activities of the Department under this Act and as provided
9 in the Laser System Act of 1997 and the Radon Industry
10 Licensing Act.
11 (b) On August 15, the effective date of this amendatory
12 Act of 1997, all moneys remaining in the Federal Facilities
13 Compliance Fund shall be transferred to the Radiation
14 Protection Fund.
15 (Source: P.A. 90-209, eff. 7-25-97; 90-262, eff. 7-30-97;
16 90-391, eff. 8-15-97; revised 11-25-97.)
17 Section 140. The Space Heating Safety Act is amended by
18 changing Sections 6 and 8 as follows:
19 (425 ILCS 65/6) (from Ch. 127 1/2, par. 706)
20 Sec. 6. Advertising of kerosene for use in approved
21 portable kerosene heaters.
22 (a) All persons who offer kerosene for sale within this
23 State must post a conspicuous notice visible visable to all
24 purchasers at the place of sale in letters at least 3 inches
25 in height, stating whether the kerosene being sold from the
26 storage facility is graded a 1-k or 2-k as defined by the
27 American Society for Testing and Materials.
28 (b) All persons who offer kerosene graded 2-k for sale
29 within this State must post conspicuously the following
30 notice, in letters at least 3 inches in height, near the
31 kerosene storage tank, and next to or immediately below any
32 listing or prices for the kerosene: "This is grade 2-k
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1 kerosene and it is not to be used in portable unvented
2 kerosene heaters".
3 (Source: P.A. 84-834; revised 7-7-97.)
4 (425 ILCS 65/8) (from Ch. 127 1/2, par. 708)
5 Sec. 8. Regulation of use in multifamily dwellings. The
6 use of approved kerosene fueled heaters shall be permitted in
7 a multifamily dwelling in accordance with the following
8 requirements if:
9 (i) The owner or his designated agent shall have
10 received an authorized permit from the local fire and
11 building authority or the State Fire Marshal.
12 (ii) A central storage area must be provided for the
13 kerosene containers, wherein all containers must be stored,
14 and all refueling of the kerosene heaters must take place.
15 The storage area shall abide by the standards listed in
16 National Fire Protection Association (NFPA) No. Thirty,
17 (1984), Chapter Four "Container and Portable Tank Storage".
18 Such storage area, if under the same roof as the multifamily
19 dwelling, may not have a door opening into the interior of
20 the multifamily dwelling. The storage area must be equipped
21 with both a fire extinguisher meeting the standards listed in
22 NFPA No. Thirty, (1984), Chapter Four "Container and Portable
23 Tank Storage", and smoke detection equipment meeting the
24 requirements of NFPA No. Seventy-four (1984).
25 (iii) If the central storage area is not under the same
26 roof as the multifamily dwelling, the area must meet the
27 standards of the local fire and building authority or the
28 standards established in NFPA No. Thirty (1984), Chapter
29 Four, (1984), "Container and Portable Tank Storage". The
30 central storage area must be equipped with a fire
31 extinguisher described in subsection (ii) of this Section.
32 (iv) No more than 60 gallons of kerosene fuel may be
33 stored at any time within a central storage area under the
HB1268 Enrolled -981- LRB9000999EGfg
1 same roof as a multifamily dwelling. No more than 250
2 gallons of kerosene fuel may be stored in a central storage
3 area not under the same roof as the multifamily dwelling.
4 (v) In no event may an inhabitant of a multifamily
5 dwelling keep kerosene fuel stored within the living quarters
6 or common area of such entrances and hallways except for fuel
7 contained within the tank of the kerosene heater which cannot
8 be stored or kept in entrances or hallways.
9 (vi) No other combustible items or volatiles including,
10 but not limited to, items such as paint, paint thinner,
11 naphtha naptha, gasoline, diesel fuel, turpentine or items
12 with a flash point below 140 degrees Fahrenheit, may be
13 stored in the same central storage area used for kerosene
14 storage.
15 (Source: P.A. 84-834; revised 7-7-97.)
16 Section 141. The Illinois Hazardous Materials
17 Transportation Act is amended by changing Section 11.1 as
18 follows:
19 (430 ILCS 30/11.1) (from Ch. 95 1/2, par. 700-11.1)
20 Sec. 11.1. (a) Notwithstanding any provision of law to
21 the contrary, no person who provides assistance or advice in
22 mitigating or attempting to mitigate the effects of an actual
23 or threatened discharge of hazardous materials, or in
24 preventing, cleaning up, or disposing of or in attempting to
25 prevent, clean up, or dispose of any such discharge, shall be
26 subject to civil liability or civil penalties of any type
27 growing out of such assistance or advice.
28 (b) The immunities provided in subsection (a) of this
29 Section shall not apply to any person:
30 1. whose act or omission caused in whole or in part
31 such actual or threatened discharge and who would
32 otherwise be liable therefor; or
HB1268 Enrolled -982- LRB9000999EGfg
1 2. who receives compensation, other than
2 reimbursement for out-of-pocket expenses, for services in
3 rendering such assistance or advice.
4 (c) Nothing contained in subsection (a) of this Section
5 shall be construed to limit or otherwise affect the liability
6 of any person for damages resulting from such person's gross
7 negligence, or from such person's persons's reckless, wanton,
8 or intentional misconduct.
9 (d) This Section shall not apply to hazardous waste as
10 defined in the "Environmental Protection Act", approved June
11 29, 1970, as amended.
12 (Source: P.A. 83-684; revised 7-7-97.)
13 Section 142. The Firearm Owners Identification Card Act
14 is amended by changing Section 8 as follows:
15 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
16 Sec. 8. The Department of State Police has authority to
17 deny an application for or to revoke and seize a Firearm
18 Owner's Identification Card previously issued under this Act
19 only if the Department finds that the applicant or the person
20 to whom such card was issued is or was at the time of
21 issuance:
22 (a) A person under 21 years of age who has been
23 convicted of a misdemeanor other than a traffic offense or
24 adjudged delinquent;
25 (b) A person under 21 years of age who does not have the
26 written consent of his parent or guardian to acquire and
27 possess firearms and firearm ammunition, or whose parent or
28 guardian has revoked such written consent, or where such
29 parent or guardian does not qualify to have a Firearm Owner's
30 Identification Card;
31 (c) A person convicted of a felony under the laws of
32 this or any other jurisdiction;
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1 (d) A person addicted to narcotics;
2 (e) A person who has been a patient of a mental
3 institution within the past 5 years;
4 (f) A person whose mental condition is of such a nature
5 that it poses a clear and present danger to the applicant,
6 any other person or persons or the community;
7 For the purposes of this Section, "mental condition"
8 means a state of mind manifested by violent, suicidal,
9 threatening or assaultive behavior.
10 (g) A person who is mentally retarded;
11 (h) A person who intentionally makes a false statement
12 in the Firearm Owner's Identification Card application;
13 (i) An alien who is unlawfully present in the United
14 States under the laws of the United States;
15 (j) A person who is subject to an existing order of
16 protection prohibiting him or her from possessing a firearm;
17 (k) A person who has been convicted within the past 5
18 years of battery, assault, aggravated assault, violation of
19 an order of protection, or a substantially similar offense in
20 another jurisdiction, in which a firearm was used or
21 possessed; or
22 (l) A person who has been convicted of domestic battery
23 or a substantially similar offense in another jurisdiction
24 committed on or after January 1, 1998; the effective date of
25 this amendatory Act of 1997; or
26 (m) A person who has been convicted within the past 5
27 years of domestic battery or a substantially similar offense
28 in another jurisdiction committed before January 1, 1998; or
29 the effective date of this amendatory Act of 1997.
30 (n) (l) A person who is prohibited from acquiring or
31 possessing firearms or firearm ammunition by any Illinois
32 State statute or by federal law.
33 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
34 90-493, eff. 1-1-98; revised 11-17-97.)
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1 Section 143. The Beef Market Development Act is amended
2 by changing Section 1 as follows:
3 (505 ILCS 25/1) (from Ch. 5, par. 1401)
4 Sec. 1. Legislative Legislature intent. The legislature
5 intends by this Act: to promote the growth of the cattle
6 industry in Illinois, to assure the State and American public
7 an adequate and wholesome food supply and to provide for the
8 general economic welfare of both producers and consumers of
9 beef and the State of Illinois; and to provide the beef
10 cattle production and feeding industry of this State with
11 authority to establish a self-financed, self-governed program
12 to help develop, maintain and expand the State, national and
13 foreign markets for beef and beef products produced,
14 processed or manufactured in this State.
15 (Source: P.A. 83-84; revised 12-18-97.)
16 Section 144. The Illinois Pseudorabies Control Act is
17 amended by changing Section 7 as follows:
18 (510 ILCS 90/7) (from Ch. 8, par. 807)
19 Sec. 7. The Department of Agriculture is authorized to
20 cooperate with the United States Department of Agriculture in
21 the control of pseudorabies in swine in this State.
22 The Department may recognize areas, both within and
23 outside of the State, as pseudorabies free or low prevalence
24 prevalance areas in accordance with the recommendations of
25 the National Pseudorabies Control Board or any other
26 nationally recognized plan.
27 (Source: P.A. 86-231; revised 7-7-97.)
28 Section 145. The Fish and Aquatic Life Code is amended
29 by changing Section 15-32 as follows:
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1 (515 ILCS 5/15-32) (from Ch. 56, par. 15-32)
2 Sec. 15-32. Yellow perch and bloater chub; commercial
3 licenses.
4 (a) The Department shall issue 5 commercial licenses for
5 taking yellow perch and bloater chub. Five licenses shall be
6 issued for the fishing year that began April 1, 1992, and the
7 Department shall issue licenses from time to time so that 5
8 valid licenses are always outstanding at any one time. All
9 licenses issued under this Section shall be valid for a
10 period of 3 years. The catch limits established by the
11 Department for the taking of yellow perch and bloater chub
12 shall be the same for all active licensees.
13 (b) Each commercial commerical license for the 1992
14 fishing year and thereafter shall be issued as follows:
15 (1) As to all individuals or corporations who held
16 valid licenses as of April 1, 1992, the licenses shall
17 remain in force and effect.
18 (2) Thereafter, licenses shall be issued as
19 necessary to reach and maintain a total of 5 outstanding
20 licenses as follows:
21 (A) First, to any individual or corporation as
22 described in Section 15-5 who was licensed through a
23 harvest contract pursuant to the public lottery
24 drawing conducted by the Director on June 27, 1975,
25 but such individual or corporation did not hold a
26 valid commercial commerical license, for whatever
27 reason, on April 1, 1992; provided, that the
28 contractor shall have served any stated period of
29 any license suspension or revocation established by
30 an order of the Director. Among those individuals or
31 corporations that meet the criteria under this item
32 (A), priority shall be given to the individual or
33 corporation that has been without a valid commercial
34 commerical license for the longest period of time.
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1 (B) Second, to any other individual or
2 corporate entrant who had his specific name drawn in
3 the public lottery drawing conducted by the Director
4 on June 27, 1975, but was not licensed as a harvest
5 contractor at that time or thereafter.
6 (C) Third, if there are insufficient license
7 applicants available at the beginning of any fishing
8 year who meet the requirements for licensure under
9 this Section for the Director to issue 5 licenses,
10 the Director shall order and conduct a new public
11 lottery drawing before the commencement of the
12 fishing year and shall draw the his applicant list
13 from a roster of qualified operators.
14 (Source: P.A. 87-869; revised 7-7-97.)
15 Section 146. The Wildlife Code is amended by changing
16 Section 2.26 as follows:
17 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
18 Sec. 2.26. Any person attempting to take deer shall
19 first obtain a "Deer Hunting Permit" in accordance with
20 prescribed regulations set forth in an Administrative Rule.
21 Deer Hunting Permits shall be issued by the Department. The
22 fee for a Deer Hunting Permit to take deer with either bow
23 and arrow or gun shall not exceed $15.00 for residents of the
24 State. The Department may by administrative rule provide for
25 non-resident deer hunting permits for which the fee will not
26 exceed $100 except as provided below for non-resident
27 landowners. Permits shall be issued without charge to:
28 (a) Illinois landowners residing in Illinois who
29 own at least 40 acres of Illinois land and wish to hunt
30 their land only,
31 (b) resident tenants of at least 40 acres of
32 commercial agricultural land where they will hunt, and
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1 (c) shareholders of a corporation which owns at
2 least 40 acres of land in a county in Illinois who wish
3 to hunt on the corporation's land only. One permit shall
4 be issued without charge to one shareholder for each 40
5 acres of land owned by the corporation in a county;
6 however, the number of permits issued without charge to
7 shareholders of any corporation in any county shall not
8 exceed 15.
9 Bona fide landowners or tenants who do not wish to hunt
10 only on the land they own, rent or lease or shareholders who
11 do not wish to hunt only on the land owned by the corporation
12 shall be charged the same fee as the applicant who is not a
13 landowner, tenant or shareholder. Nonresidents of Illinois
14 who own at least 40 acres of land and wish to hunt on their
15 land only shall be charged a fee set by administrative rule.
16 The method for obtaining these permits shall be prescribed by
17 administrative rule.
18 The deer hunting permit issued without fee shall be valid
19 on all farm lands which the person to whom it is issued owns,
20 leases or rents, except that in the case of a permit issued
21 to a shareholder, the permit shall be valid on all lands
22 owned by the corporation in the county.
23 The Department may set aside, in accordance with the
24 prescribed regulations set forth in an administrative rule of
25 the Department, a limited number of Deer Hunting Permits to
26 be available to persons providing evidence of a contractual
27 arrangement to hunt on properties controlled by a bona fide
28 Illinois outfitter. The number of available permits shall be
29 based on a percentage of unfilled permits remaining after the
30 previous year's lottery. Eligible outfitters shall be those
31 having membership in, and accreditation conferred by, a
32 professional association of outfitters approved by the
33 Department. The association shall be responsible for setting
34 professional standards and codes of conduct for its
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1 membership, subject to Departmental approval. In addition to
2 the fee normally charged for resident and nonresident
3 permits, a reservation fee not to exceed $200 shall be
4 charged to the outfitter for each permit set aside in
5 accordance with this Act. The reservation fee shall be
6 deposited into the Wildlife and Fish Fund.
7 The standards and specifications for use of guns and bow
8 and arrow for deer hunting shall be established by
9 administrative rule.
10 No person may have in his possession any firearm not
11 authorized by administrative rule for a specific hunting
12 season when taking deer.
13 Persons having a firearm deer hunting permit shall be
14 permitted to take deer only during the period from 1/2 hour
15 before sunrise to sunset, and only during those days for
16 which an open season is established for the taking of deer by
17 use of shotgun or muzzle loading rifle.
18 Persons having an archery deer hunting permit shall be
19 permitted to take deer only during the period from 1/2 hour
20 before sunrise to 1/2 hour after sunset, and only during
21 those days for which an open season is established for the
22 taking of deer by use of bow and arrow.
23 It shall be unlawful for any person to take deer by use
24 of dogs, horses, automobiles, aircraft or other vehicles, or
25 by the use of salt or bait of any kind. An area is
26 considered as baited during the presence of and for 10
27 consecutive days following the removal of bait.
28 It shall be unlawful to possess or transport any wild
29 deer which has been injured or killed in any manner upon a
30 public highway or public right-of-way of this State unless
31 exempted by administrative rule.
32 Persons hunting deer must have gun unloaded and no bow
33 and arrow device shall be carried with the arrow in the
34 nocked position during hours when deer hunting is unlawful.
HB1268 Enrolled -989- LRB9000999EGfg
1 It shall be unlawful for any person, having taken the
2 legal limit of deer by gun, to further participate with gun
3 in any deer hunting party.
4 It shall be unlawful for any person, having taken the
5 legal limit of deer by bow and arrow, to further participate
6 with bow and arrow in any deer hunting party.
7 The Department may prohibit upland game hunting during
8 the gun deer season by administrative rule.
9 It shall be legal for handicapped persons, as defined in
10 Section 2.33, to utilize a crossbow device, as defined in
11 Department rules, to take deer.
12 Any person who violates any of the provisions of this
13 Section, including administrative rules, shall be guilty of a
14 Class B misdemeanor.
15 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
16 90-490, eff. 8-17-97; revised 10-23-97.)
17 Section 147. The Illinois Highway Code is amended by
18 changing Sections 6-207 and 6-512 as follows:
19 (605 ILCS 5/6-207) (from Ch. 121, par. 6-207)
20 Sec. 6-207. Compensation of highway commissioner and
21 other officers.
22 (a) Unless an annual salary is fixed as provided in this
23 Section, the highway commissioner shall receive for each day
24 he or she is necessarily employed in the discharge of
25 official duties a per diem to be fixed by the county board in
26 road districts in counties not under township organization,
27 by the highway board of trustees in consolidated township
28 road districts, and by the board of town trustees in
29 districts composed of a single township. Before any per diem
30 is paid, a sworn statement shall be filed by the commissioner
31 in the office of the district clerk, showing the number of
32 days the commissioner was employed, the kind of employment,
HB1268 Enrolled -990- LRB9000999EGfg
1 and the dates of employment.
2 The boards specified in the preceding paragraph may,
3 instead of a per diem, fix an annual salary for the highway
4 commissioner at not less than $3,000, to be paid in equal
5 monthly installments. The boards shall fix the compensation
6 of the commissioner, whether an annual salary or a per diem,
7 on or before the last Tuesday in March before the date of
8 election of the commissioner.
9 If the term of any highway commissioner is extended by
10 operation of law, the board that fixes the commissioner's
11 rate of compensation may increase the rate of the
12 compensation, within the limits provided in this Section, in
13 relation to that portion of the commissioner's term that
14 extends beyond the period for which he or she was elected.
15 The board of town trustees shall order payment of the
16 amount of per diem claimed in the highway commissioner's
17 sworn statement at the first regular meeting following the
18 filing of the statement. In consolidated township road
19 districts, the compensation and the expenses of the offices
20 of the highway commissioner, district clerk, and district
21 treasurer shall be audited by the highway board of trustees.
22 The compensation of the highway commissioner shall be
23 paid from the general township fund in districts comprised of
24 a single township and shall be paid from the regular road
25 fund in all other districts having highway commissioners;
26 however, in districts comprised of a single township, a
27 portion (not exceeding 50%) of the highway commissioner's
28 salary may be paid from the corporate road and bridge fund or
29 the permanent road fund if approved by the township board and
30 the highway commissioner.
31 (b) The officers composing the highway board of trustees
32 in consolidated township road districts shall be entitled to
33 $3 per day for attending meetings of the board, to be paid
34 out of the town fund of their respective townships. In
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1 consolidated township road districts, the compensation of the
2 district clerk and the district treasurer shall be paid out
3 of the road fund of the district.
4 (c) The district clerk shall receive:
5 (1) for each day he or she is necessarily employed
6 in the discharge of official duties, a per diem to be
7 fixed by the county board in road districts in counties
8 not under township organization and by the highway board
9 of trustees in consolidated township road districts; or
10 (2) $4 per day for each day he or she shall be
11 required to meet with the highway commissioner and the
12 same amount per day for the time he or she shall be
13 employed in canvassing the returns of elections. The
14 district clerk shall receive no other per diem. In
15 addition to the above, the district clerk shall also
16 receive fees for the following services, to be paid out
17 of the district road fund, except where otherwise
18 specified:
19 (A) For serving notice of election or
20 appointment upon district officers as required by
21 this Code, 25 cents each.
22 (B) For posting up notices required by law, 25
23 cents each.
24 (C) For copying any record in the district
25 clerk's office and certifying to the copy, 10 cents
26 for every 100 words, to be paid by the person
27 applying for the certified copy.
28 (d) Except as otherwise provided in this Code, the
29 district treasurer shall, in addition to any other
30 compensation to which he or she is by law entitled, receive
31 an annual salary of not less than $100 nor more than $1,000
32 per year to be fixed by the highway board of trustees in
33 consolidated township road districts and by the board of town
34 trustees in districts composed of a single township.
HB1268 Enrolled -992- LRB9000999EGfg
1 Except as otherwise provided in this Code, the district
2 treasurer shall, in addition to any other compensation to
3 which he or she is by law entitled, receive an annual salary
4 deemed appropriate and to be fixed by the county board in
5 road districts in counties not under township organization.
6 The compensation of the district treasurer shall be paid
7 from the general township fund in districts composed of a
8 single township and shall be paid from the regular road fund
9 in all other districts having district treasurers.
10 (Source: P.A. 89-662, eff. 8-14-96; 90-81, eff. 1-1-98;
11 90-183, eff. 1-1-98; revised 11-17-97.)
12 (605 ILCS 5/6-512) (from Ch. 121, par. 6-512)
13 Sec. 6-512. For the purpose of constructing, maintaining
14 and repairing county unit district roads, bridges and
15 drainage structures and the acquisition, maintenance, housing
16 and repair of machinery and equipment, the county board, in
17 any county in which a county unit road district is
18 established, may levy annual separate taxes upon all taxable
19 property of the county to be known as the "County Unit Road
20 District Road Tax" and the "County Unit Road District Bridge
21 Tax". Such taxes shall be levied and collected as other
22 county taxes, but the road district taxes shall be in
23 addition to the maximum of all other county taxes which the
24 county is now or may hereafter be authorized by law to levy.
25 The tax levies authorized in this Section shall not be
26 extended in counties having less than 1,000,000 inhabitants
27 at a rate in excess of .165% for the road tax, unless the
28 maximum rate has been increased as provided in Section
29 6-512.1, and .05% for the bridge tax, both figures based on
30 the value of all the taxable property within the county, as
31 equalized or assessed by the Department of Revenue, or .01%
32 in counties having 1,000,000 or more inhabitants, of the
33 value, as equalized or assessed by the Department of Revenue,
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1 of all taxable property within the county; however, 1/2 of
2 the County Unit Road District Road tax levied under this
3 Section, on property lying within a municipality in which the
4 streets and alleys are under the care of the municipality,
5 shall, when collected, be paid over to the treasurer of the
6 municipality to be appropriated to the improvement of roads,
7 streets and bridges therein. In determining the amount of
8 tax necessary to be raised and levied, the county board shall
9 state separately the several amounts to be raised and levied
10 for the construction of roads, the construction and
11 maintenance of bridges and drainage structures, the purchase
12 of machinery, the repair of machinery, the oiling of roads
13 and the prevention and extirpation of weeds.
14 All tax moneys collected as a result of the levies
15 authorized by this Section shall be deposited in in a
16 separate county unit road district accounts known,
17 respectively, as the "county unit road district road fund"
18 and the "county unit road district bridge and drainage fund".
19 The county treasurer shall be custodian of these funds, but
20 the road district funds shall be maintained separate and
21 apart from the general county fund.
22 (Source: P.A. 81-1509; revised 12-18-97.)
23 Section 148. The Illinois Waterway Act is amended by
24 changing Section 18 as follows:
25 (615 ILCS 10/18) (from Ch. 19, par. 96)
26 Sec. 18. In the construction of such waterway through the
27 City of Joliet, the elevation of the water surface at normal
28 stage shall not be higher at Granite Street than minus 40.5
29 forty and five tenths (40-5/10) Chicago city datum, and in
30 the event that the shoal reach between the upper basin of the
31 Illinois and Michigan Canal and the crossing of the Elgin,
32 Joliet and Eastern Railway is deepened 2 two feet or more,
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1 then than the elevation of the water surface at normal stage
2 shall not be higher at Granite Street than minus 41 forty-one
3 Chicago city datum, and the channel through said city shall
4 not be less than 270 two hundred and seventy feet in width
5 between Spring Street on the north and Lafayette Street on
6 the south. Any dams constructed in connection with and for
7 the maintenance of this pool of water shall be of such design
8 as to quickly dispose of all flood waters. Adequate
9 intercepting sewers shall be constructed of sufficient size
10 and at such depth as will provide outlets not only for the
11 present sewers that may be interfered with by the
12 construction of such waterway, but also of sufficient size
13 and depth to take care of all the watershed tributary to the
14 Des Plaines DesPlaines River that may be interfered with by
15 changing the water levels through the City of Joliet. The
16 Department of Natural Resources is authorized to utilize such
17 riparian rights of the Sanitary District of Chicago in,
18 through and near the City of Joliet and along the Des Plaines
19 DesPlaines River in the County of Will as, in its judgment,
20 may be found necessary for the construction, maintenance and
21 operation of such waterway, or for the development of water
22 power in connection therewith, and the Department of Natural
23 Resources shall not be required to make compensation to such
24 Sanitary District for the right so utilized, except that the
25 Department of Natural Resources shall reimburse such Sanitary
26 District for any expense to which it may be put as a result
27 of such act of the Department of Natural Resources in the
28 maintenance and operation of such Sanitary District channel.
29 The Sanitary District of Chicago shall not be deprived of
30 access to such waterway over any walls or embankments
31 constructed, or of the enjoyment of dockage rights in
32 connection with any property it has acquired or owns, subject
33 only to the use of such property by the Department of Natural
34 Resources for waterway and power purposes.
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1 (Source: P.A. 89-445, eff. 2-7-96; revised 7-11-97.)
2 Section 149. The Illinois and Michigan Canal Management
3 Act is amended by changing Section 2 as follows:
4 (615 ILCS 30/2) (from Ch. 19, par. 9)
5 Sec. 2. Nothing in this Act contained shall be construed
6 to repeal or affect any of the provisions of the Metropolitan
7 Water Reclamation District Act an act entitled, "An act to
8 create Sanitary Districts and to remove obstructions in the
9 DesPlaines and Illinois rivers," approved May 29, 1889, in
10 force July 1, 1889, or any Act amendatory thereof.
11 (Source: Laws 1899, p. 82; revised 7-7-97.)
12 Section 150. The Des Plaines and Illinois Rivers Act is
13 amended by changing Section 1 as follows:
14 (615 ILCS 60/1) (from Ch. 19, par. 41)
15 Sec. 1. The Des Plaines DesPlaines and Illinois rivers
16 throughout their courses from and below the water power plant
17 of the main channel of the Sanitary District of Chicago in
18 the township of Lockport, at or near Lockport, in the county
19 of Will, are hereby recognized as and are hereby declared to
20 be navigable streams; and it is made the special duty of the
21 Governor and of the Attorney General Attorney-General to
22 prevent the erection of any structure in or across said
23 streams without explicit authority from the General Assembly;
24 and the Governor and Attorney General Attorney-General are
25 hereby authorized and directed to take the necessary legal
26 action or actions to remove all and every obstruction now
27 existing in said rivers that in any wise interferes with the
28 intent and purpose of this Act.
29 (Source: P.A. 84-1308; revised 7-11-97.)
HB1268 Enrolled -996- LRB9000999EGfg
1 Section 151. The Airport Zoning Act is amended by
2 changing Section 19 as follows:
3 (620 ILCS 25/19) (from Ch. 15 1/2, par. 48.19)
4 Sec. 19. Notice and hearing for adoption of zoning
5 regulations. No airport zoning regulations shall be adopted,
6 amended, or changed under this Act except by action of the
7 Department, or by action of the legislative body of the
8 political subdivision in question, or by action of the joint
9 board provided for in Section 14, after a public hearing in
10 relation thereto, at which parties in interest and citizens
11 shall have an opportunity to be heard. Notice of the hearing
12 shall be published at least once not more than 30 nor less
13 than 15 days before the hearing in a newspaper of general
14 circulation circulations, in the political subdivision or
15 subdivisions in which is located, wholly or partly, the
16 airport hazard area to be zoned, or, if no newspaper is
17 generally circulated in any such political subdivision, then
18 in a newspaper of general circulation in the county in which
19 such political subdivision is located.
20 (Source: Laws 1951, p. 988; revised 7-7-97.)
21 Section 152. The County Airports Act is amended by
22 changing Sections 45 and 61 as follows:
23 (620 ILCS 50/45) (from Ch. 15 1/2, par. 149)
24 Sec. 45. The county board shall consider for election to
25 the Commission, only those persons whose names are presented
26 by the county clerk. The county clerk shall present to the
27 county board as candidates the names of all persons who have
28 been nominated in the following manner: For whom a petition
29 signed by 2% two percent of the voters of such county or by
30 10% of the membership of the county board, or both, has been
31 filed 48 forty-eight hours prior to the convening of the
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1 county board meeting, provided such petition states that the
2 person nominated is a candidate for election as a county
3 board member, an Aviation member or a Non-Aviation member.
4 The county board shall proceed by roll call vote to elect
5 the members of the Commission. Voting on county board members
6 of the Commission shall not be joined with the voting for
7 non-county board members of the Commission, nor "Aviation"
8 with "Non-Aviation" members. No person shall be eligible to
9 serve as a member of the Commission unless he has
10 individually been elected by a majority of the members of the
11 county board present at said meeting, whether voting or not
12 voting.
13 (Source: Laws 1945, p. 594; revised 12-18-97.)
14 (620 ILCS 50/61) (from Ch. 15 1/2, par. 165)
15 Sec. 61. If the resolution adopted by the county board
16 or by petition, provides for the issuance of revenue bonds or
17 other evidence of indebtedness, the retirement of the
18 principal thereof and the interest thereon, to be
19 accomplished from sources other than direct county taxes, the
20 county board shall issue and sell such amounts of such bonds
21 or other evidences of indebtedness as the Commission shall
22 determine and certify, from time to time as being necessary
23 to provide the means for accomplishing the purposes for which
24 such bonds or other evidences of indebtedness are is to be
25 issued as set forth in said resolution. Such bonds or other
26 evidence of indebtedness shall be issued in conformity to the
27 requirements and provisions of the said resolution
28 authorizing such issuance. The principal of such bonds or
29 other evidences of indebtedness shall be discharged within
30 thirty years after the date of the adoption of said
31 resolution. Such bonds or other evidences of indebtedness
32 shall bear interest, payable semi-annually, at a rate not to
33 exceed that permitted in "An Act to authorize public
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1 corporations to issue bonds, other evidences of indebtedness
2 and tax anticipation warrants subject to interest rate
3 limitations set forth therein", approved May 26, 1970, as now
4 or hereafter amended. The proceeds from the sale of each
5 issue of bonds shall be deposited in the county treasury and
6 identified as "County Airports Revenue Bond Fund No. ....."
7 Such proceeds shall be used only for the purposes stated in
8 the said resolution and as specified in the certificate of
9 the Commission as in this section provided. All such revenue
10 bonds and other evidences of indebtedness shall not, in any
11 event, constitute or be deemed an indebtedness of the county
12 within the meaning of any constitutional provisions or
13 statutory limitations as to debt, and it shall be so stated
14 plainly on the face of each such bond or other evidence of
15 indebtedness.
16 (Source: P.A. 82-902; revised 12-18-97.)
17 Section 153. The Illinois Vehicle Code is amended by
18 changing Sections 1-197.5, 1-201, 2-123, 3-104, 3-112, 3-201,
19 3-412, 4-304, 6-206, 6-301.2, 6-507, 7-309, 11-208, 11-209,
20 11-501, 12-215, 12-601, 12-603, 15-107, 15-108, 15-111,
21 15-301, 16-102.5, 18b-105, 18c-3203, 18c-6302, and 18c-7503
22 and by setting forth and renumbering multiple versions of
23 Sections 3-639 and 11-1301.5 as follows:
24 (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
25 Sec. 1-197.5. Statutory summary alcohol or other drug
26 related suspension of driver's privileges. The withdrawal by
27 the circuit court of a person's license or privilege to
28 operate a motor vehicle on the public highways for the
29 periods provided in Section 6-208.1. Reinstatement after the
30 suspension period shall occur after all appropriate fees have
31 been paid, unless the court notifies the Secretary of State
32 that the person should be disqualified. The bases for this
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1 withdrawal of driving privileges shall be the individual's
2 refusal to submit to or failure to complete a chemical test
3 or tests following an arrest for the offense of driving under
4 the influence of alcohol or other drugs, or both, or
5 submission to such a test or tests indicating an alcohol
6 concentration of 0.08 or more as provided in Section 11-501.1
7 of this Code.
8 (Source: P.A. 90-89, eff. 1-1-98; incorporates 90-43, eff.
9 7-2-97; revised 10-8-97.)
10 (625 ILCS 5/1-201) (from Ch. 95 1/2, par. 1-201)
11 Sec. 1-201. Street. The entire width between boundary
12 lines of every way everyway publicly maintained, when any
13 part thereof is open to the use of the public for purposes of
14 vehicular travel.
15 (Source: P.A. 76-1586; revised 7-7-97.)
16 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
17 Sec. 2-123. Sale and Distribution of Information.
18 (a) Except as otherwise provided in this Section, the
19 Secretary may make the driver's license, vehicle and title
20 registration lists, in part or in whole, and any statistical
21 information derived from these lists available to local
22 governments, elected state officials, state educational
23 institutions, public libraries and all other governmental
24 units of the State and Federal Government requesting them for
25 governmental purposes. The Secretary shall require any such
26 applicant for services to pay for the costs of furnishing
27 such services and the use of the equipment involved, and in
28 addition is empowered to establish prices and charges for the
29 services so furnished and for the use of the electronic
30 equipment utilized.
31 (b) The Secretary is further empowered to and he may, in
32 his discretion, furnish to any applicant, other than listed
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1 in subsection (a) of this Section, vehicle or driver data on
2 a computer tape, disk, or printout at a fixed fee of $200 in
3 advance and require in addition a further sufficient deposit
4 based upon the Secretary of State's estimate of the total
5 cost of the information requested and a charge of $20 per
6 1,000 units or part thereof identified or the actual cost,
7 whichever is greater. The Secretary is authorized to refund
8 any difference between the additional deposit and the actual
9 cost of the request. This service shall not be in lieu of an
10 abstract of a driver's record nor of a title or registration
11 search. The information sold pursuant to this subsection
12 shall be the entire vehicle or driver data list, or part
13 thereof.
14 (c) Secretary of State may issue registration lists.
15 The Secretary of State shall compile and publish, at least
16 annually, a list of all registered vehicles. Each list of
17 registered vehicles shall be arranged serially according to
18 the registration numbers assigned to registered vehicles and
19 shall contain in addition the names and addresses of
20 registered owners and a brief description of each vehicle
21 including the serial or other identifying number thereof.
22 Such compilation may be in such form as in the discretion of
23 the Secretary of State may seem best for the purposes
24 intended.
25 (d) The Secretary of State shall furnish no more than 2
26 current available lists of such registrations to the sheriffs
27 of all counties and to the chiefs of police of all cities and
28 villages and towns of 2,000 population and over in this State
29 at no cost. Additional copies may be purchased at the fee of
30 $400 each or at the cost of producing the list as determined
31 by the Secretary of State.
32 (e) The Secretary of State shall upon written request
33 and the payment of the fee of $400 furnish the current
34 available list of such motor vehicle registrations to any
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1 person so long as the supply of available registration lists
2 shall last.
3 (e-1) Commercial purchasers of driver and vehicle record
4 databases shall enter into a written agreement with the
5 Secretary of State that includes disclosure of the commercial
6 use of the intended purchase. Affected drivers, vehicle
7 owners, or registrants may request that their personally
8 identifiable information not be used for commercial
9 solicitation purposes.
10 (f) Title or registration search and certification
11 thereof - Fee. The Secretary of State shall make a title or
12 registration search of the records of his office and a
13 written report on the same for any person, upon written
14 application of such person, accompanied by a fee of $4 for
15 each registration or title search. No fee shall be charged
16 for a title or registration search, or for the certification
17 thereof requested by a government agency.
18 The Secretary of State shall certify a title or
19 registration record upon written request. The fee for
20 certification shall be $4 in addition to the fee required for
21 a title or registration search. Certification shall be made
22 under the signature of the Secretary of State and shall be
23 authenticated by Seal of the Secretary of State.
24 The Secretary of State may notify the vehicle owner or
25 registrant of the request for purchase of his title or
26 registration information as the Secretary deems appropriate.
27 The vehicle owner or registrant residence address and
28 other personally identifiable information on the record shall
29 not be disclosed. This nondisclosure shall not apply to
30 requests made by law enforcement officials, government
31 agencies, financial institutions, attorneys, insurers,
32 employers, automobile associated businesses, other business
33 entities for purposes consistent with the Illinois Vehicle
34 Code, the vehicle owner or registrant, or other entities as
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1 the Secretary may exempt by rule and regulation. This
2 information may be withheld from the entities listed above,
3 except law enforcement and government agencies upon
4 presentation of a valid court order of protection for the
5 duration of the order.
6 No information shall be released to the requestor until
7 expiration of a 10 day period. This 10 day period shall not
8 apply to requests for information made by law enforcement
9 officials, government agencies, financial institutions,
10 attorneys, insurers, employers, automobile associated
11 businesses, persons licensed as a private detective or firms
12 licensed as a private detective agency under the Private
13 Detective, Private Alarm, and Private Security Act of 1983,
14 who are employed by or are acting on behalf of law
15 enforcement officials, government agencies, financial
16 institutions, attorneys, insurers, employers, automobile
17 associated businesses, and other business entities for
18 purposes consistent with the Illinois Vehicle Code, the
19 vehicle owner or registrant or other entities as the
20 Secretary may exempt by rule and regulation.
21 Any misrepresentation made by a requestor of title or
22 vehicle information shall be punishable as a petty offense,
23 except in the case of persons licensed as a private detective
24 or firms licensed as a private detective agency which shall
25 be subject to disciplinary sanctions under Section 22 or 25
26 of the Private Detective, Private Alarm, and Private Security
27 Act of 1983.
28 (g) 1. The Secretary of State may, upon receipt of a
29 written request and a fee of $5, furnish to the person or
30 agency so requesting a driver's record. Such document
31 may include a record of: current driver's license
32 issuance information, except that the information on
33 judicial driving permits shall be available only as
34 otherwise provided by this Code; convictions; orders
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1 entered revoking, suspending or cancelling a driver's
2 license or privilege; and notations of accident
3 involvement. All other information, unless otherwise
4 permitted by this Code, shall remain confidential.
5 2. The Secretary of State may certify an abstract
6 of a driver's record upon written request therefor.
7 Such certification shall be made under the signature of
8 the Secretary of State and shall be authenticated by the
9 Seal of his office.
10 3. All requests for driving record information
11 shall be made in a manner prescribed by the Secretary.
12 The Secretary of State may notify the affected
13 driver of the request for purchase of his driver's record
14 as the Secretary deems appropriate.
15 The affected driver residence address and other
16 personally identifiable information on the record shall
17 not be disclosed. This nondisclosure shall not apply to
18 requests made by law enforcement officials, government
19 agencies, financial institutions, attorneys, insurers,
20 employers, automobile associated businesses, other
21 business entities for purposes consistent with the
22 Illinois Vehicle Code, the affected driver, or other
23 entities as the Secretary may exempt by rule and
24 regulation. This information may be withheld from the
25 entities listed above, except law enforcement and
26 government agencies, upon presentation of a valid court
27 order of protection for the duration of the order.
28 No information shall be released to the requester
29 until expiration of a 10 day period. This 10 day period
30 shall not apply to requests for information made by law
31 enforcement officials, government agencies, financial
32 institutions, attorneys, insurers, employers, automobile
33 associated businesses, persons licensed as a private
34 detective or firms licensed as a private detective agency
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1 under the Private Detective, Private Alarm, and Private
2 Security Act of 1983, who are employed by or are acting
3 on behalf of law enforcement officials, government
4 agencies, financial institutions, attorneys, insurers,
5 employers, automobile associated businesses, and other
6 business entities for purposes consistent with the
7 Illinois Vehicle Code, the affected driver or other
8 entities as the Secretary may exempt by rule and
9 regulation.
10 Any misrepresentation made by a requestor of driver
11 information shall be punishable as a petty offense,
12 except in the case of persons licensed as a private
13 detective or firms licensed as a private detective agency
14 which shall be subject to disciplinary sanctions under
15 Section 22 or 25 of the Private Detective, Private Alarm,
16 and Private Security Act of 1983.
17 4. The Secretary of State may furnish without fee,
18 upon the written request of a law enforcement agency, any
19 information from a driver's record on file with the
20 Secretary of State when such information is required in
21 the enforcement of this Code or any other law relating to
22 the operation of motor vehicles, including records of
23 dispositions; documented information involving the use of
24 a motor vehicle; whether such individual has, or
25 previously had, a driver's license; and the address and
26 personal description as reflected on said driver's
27 record.
28 5. Except as otherwise provided in this Section,
29 the Secretary of State may furnish, without fee,
30 information from an individual driver's record on file,
31 if a written request therefor is submitted by any public
32 transit system or authority, public defender, law
33 enforcement agency, a state or federal agency, or an
34 Illinois local intergovernmental association, if the
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1 request is for the purpose of a background check of
2 applicants for employment with the requesting agency, or
3 for the purpose of an official investigation conducted by
4 the agency, or to determine a current address for the
5 driver so public funds can be recovered or paid to the
6 driver, or for any other lawful purpose.
7 The Secretary may also furnish the courts a copy of
8 an abstract of a driver's record, without fee, subsequent
9 to an arrest for a violation of Section 11-501 or a
10 similar provision of a local ordinance. Such abstract
11 may include records of dispositions; documented
12 information involving the use of a motor vehicle as
13 contained in the current file; whether such individual
14 has, or previously had, a driver's license; and the
15 address and personal description as reflected on said
16 driver's record.
17 6. Any certified abstract issued by the Secretary
18 of State or transmitted electronically by the Secretary
19 of State pursuant to this Section, to a court or on
20 request of a law enforcement agency, for the record of a
21 named person as to the status of the person's driver's
22 license shall be prima facie evidence of the facts
23 therein stated and if the name appearing in such abstract
24 is the same as that of a person named in an information
25 or warrant, such abstract shall be prima facie evidence
26 that the person named in such information or warrant is
27 the same person as the person named in such abstract and
28 shall be admissible for any prosecution under this Code
29 and be admitted as proof of any prior conviction or proof
30 of records, notices, or orders recorded on individual
31 driving records maintained by the Secretary of State.
32 7. Subject to any restrictions contained in the
33 Juvenile Court Act of 1987, and upon receipt of a proper
34 request and a fee of $5, the Secretary of State shall
HB1268 Enrolled -1006- LRB9000999EGfg
1 provide a driver's record to the affected driver, or the
2 affected driver's attorney, upon verification. Such
3 record shall contain all the information referred to in
4 paragraph 1 of this subsection (g) plus: any recorded
5 accident involvement as a driver; information recorded
6 pursuant to subsection (e) of Section 6-117 and paragraph
7 4 of subsection (a) of Section 6-204 of this Code. All
8 other information, unless otherwise permitted by this
9 Code, shall remain confidential.
10 (h) The Secretary shall not disclose social security
11 numbers except pursuant to a written request by, or with the
12 prior written consent of, the individual except to: (1)
13 officers and employees of the Secretary who have a need to
14 know the social security numbers in performance of their
15 official duties, (2) law enforcement officials for a lawful,
16 civil or criminal law enforcement investigation, and if the
17 head of the law enforcement agency has made a written request
18 to the Secretary specifying the law enforcement investigation
19 for which the social security numbers are being sought, (3)
20 the United States Department of Transportation, or any other
21 State, pursuant to the administration and enforcement of the
22 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
23 the order of a court of competent jurisdiction, or (5) the
24 Department of Public Aid for utilization in the child support
25 enforcement duties assigned to that Department under
26 provisions of the Public Aid Code after the individual has
27 received advanced meaningful notification of what
28 redisclosure is sought by the Secretary in accordance with
29 the federal Privacy Act; provided, the redisclosure shall not
30 be authorized by the Secretary prior to September 30, 1992.
31 (i) The Secretary of State is empowered to promulgate
32 rules and regulations to effectuate this Section.
33 (j) Medical statements or medical reports received in
34 the Secretary of State's Office shall be confidential. No
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1 confidential information may be open to public inspection or
2 the contents disclosed to anyone, except officers and
3 employees of the Secretary who have a need to know the
4 information contained in the medical reports and the Driver
5 License Medical Advisory Board, unless so directed by an
6 order of a court of competent jurisdiction.
7 (k) All fees collected under this Section shall be paid
8 into the Road Fund of the State Treasury, except that $3 of
9 the $5 fee for a driver's record shall be paid into the
10 Secretary of State Special Services Fund.
11 (l) The Secretary of State shall report his
12 recommendations to the General Assembly by January 1, 1993,
13 regarding the sale and dissemination of the information
14 maintained by the Secretary, including the sale of lists of
15 driver and vehicle records.
16 (m) Notations of accident involvement that may be
17 disclosed under this Section shall not include notations
18 relating to damage to a vehicle or other property being
19 transported by a tow truck. This information shall remain
20 confidential, provided that nothing in this subsection (m)
21 shall limit disclosure of any notification of accident
22 involvement to any law enforcement agency or official.
23 (n) (m) Requests made by the news media for driver's
24 license, vehicle, or title registration information may be
25 furnished without charge or at a reduced charge, as
26 determined by the Secretary, when the specific purpose for
27 requesting the documents is deemed to be in the public
28 interest. Waiver or reduction of the fee is in the public
29 interest if the principal purpose of the request is to access
30 and disseminate information regarding the health, safety, and
31 welfare or the legal rights of the general public and is not
32 for the principal purpose of gaining a personal or commercial
33 benefit.
34 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
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1 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; revised 10-27-97.)
2 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
3 Sec. 3-104. Application for certificate of title.
4 (a) The application for a certificate of title for a
5 vehicle in this State must be made by the owner to the
6 Secretary of State on the form prescribed and must contain:
7 1. The name, Illinois residence and mail address of
8 the owner;
9 2. A description of the vehicle including, so far
10 as the following data exists: Its make, year-model,
11 identifying number, type of body, whether new or used, as
12 to house trailers as defined in Section 1-128 of this
13 Code, the square footage of the house trailer based upon
14 the outside dimensions of the house trailer excluding the
15 length of the tongue and hitch, and, as to vehicles of
16 the second division, whether for-hire, not-for-hire, or
17 both for-hire and not-for-hire;
18 3. The date of purchase by applicant and, if
19 applicable, the name and address of the person from whom
20 the vehicle was acquired and the names and addresses of
21 any lienholders in the order of their priority and
22 signatures of owners;
23 4. The current odometer reading at the time of
24 transfer and that the stated odometer reading is one of
25 the following: actual mileage, not the actual mileage or
26 mileage is in excess of its mechanical limits; and
27 5. Any further information the Secretary of State
28 reasonably requires to identify the vehicle and to enable
29 him to determine whether the owner is entitled to a
30 certificate of title and the existence or nonexistence of
31 security interests in the vehicle.
32 (b) If the application refers to a vehicle purchased
33 from a dealer, it must also be signed by the dealer as well
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1 as the owner, and the dealer must promptly mail or deliver
2 the application and required documents to the Secretary of
3 State.
4 (c) If the application refers to a vehicle last
5 previously registered in another State or country, the
6 application must contain or be accompanied by:
7 1. Any certified document of ownership so
8 recognized and issued by the other State or country and
9 acceptable to the Secretary of State, and
10 2. Any other information and documents the
11 Secretary of State reasonably requires to establish the
12 ownership of the vehicle and the existence or
13 nonexistence of security interests in it.
14 (d) If the application refers to a new vehicle it must
15 be accompanied by the Manufacturer's Statement of Origin, or
16 other documents as required and acceptable by the Secretary
17 of State, with such assignments as may be necessary to show
18 title in the applicant.
19 (e) If an application refers to a vehicle rebuilt from a
20 vehicle previously salvaged, that application shall comply
21 with the provisions set forth in Sections 3-302 through 3-304
22 of this Code.
23 (f) An application for a certificate of title for any
24 vehicle, whether purchased in Illinois or outside Illinois,
25 and even if previously registered in another State, must be
26 accompanied by either an exemption determination from the
27 Department of Revenue showing that no tax imposed pursuant to
28 the Use Tax Act or the vehicle use tax imposed by Section
29 3-1001 of the Illinois Vehicle Code is owed by anyone with
30 respect to that vehicle, or a receipt from the Department of
31 Revenue showing that any tax so imposed has been paid. An
32 application for a certificate of title for any vehicle
33 purchased outside Illinois, even if previously registered in
34 another state, must be accompanied by either an exemption
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1 determination from the Department of Revenue showing that no
2 tax imposed pursuant to the Municipal Use Tax Act or the
3 County Use Tax Act is owed by anyone with respect to that
4 vehicle, or a receipt from the Department of Revenue showing
5 that any tax so imposed has been paid. In the absence of
6 such a receipt for payment or determination of exemption from
7 the Department, no certificate of title shall be issued to
8 the applicant.
9 If the proof of payment of the tax or of nonliability
10 therefor is, after the issuance of the certificate of title
11 and display certificate of title, found to be invalid, the
12 Secretary of State shall revoke the certificate and require
13 that the certificate of title and, when applicable, the
14 display certificate of title be returned to him.
15 (g) If the application refers to a vehicle not
16 manufactured in accordance with federal safety and emission
17 standards, the application must be accompanied by all
18 documents required by federal governmental agencies to meet
19 their standards before a vehicle is allowed to be issued
20 title and registration.
21 (h) If the application refers to a vehicle sold at
22 public sale by a sheriff, it must be accompanied by the
23 required fee and a bill of sale issued and signed by a
24 sheriff. The bill of sale must identify the new owner's name
25 and address, the year model, make and vehicle identification
26 number of the vehicle, court order document number
27 authorizing such sale, if applicable, and the name and
28 address of any lienholders in order of priority, if
29 applicable.
30 (i) If the application refers to a vehicle for which a
31 court of law determined the ownership, it must be accompanied
32 with a certified copy of such court order and the required
33 fee. The court order must indicate the new owner's name and
34 address, the complete description of the vehicle, if known,
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1 the name and address of the lienholder, if any, and must be
2 signed and dated by the judge issuing such order.
3 (j) If the application refers to a vehicle sold at
4 public auction pursuant to the Labor and Storage Lien (Small
5 Amount) Act, it must be accompanied by an affidavit or
6 affirmation furnished by the Secretary of State along with
7 the documents described in the affidavit or affirmation and
8 the required fee.
9 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97;
10 revised 10-30-97.)
11 (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
12 Sec. 3-112. Transfer.
13 (a) If an owner transfers his interest in a vehicle,
14 other than by the creation of a security interest, at the
15 time of the delivery of the vehicle he shall execute to the
16 transferee an assignment and warranty of title in the space
17 provided on the certificate of title, or as the Secretary of
18 State prescribes, and cause the certificate and assignment to
19 be mailed or delivered to the transferee or to the Secretary
20 of State.
21 If the vehicle is subject to a tax under the Mobile Home
22 Local Services Tax Act in a county with a population of less
23 than 3,000,000, the owner shall also provide to the
24 transferee a certification by the treasurer of the county in
25 which the vehicle is situated that all taxes imposed upon the
26 vehicle for the years the owner was the actual titleholder of
27 the vehicle have been paid. The transferee shall be liable
28 only for the taxes he or she incurred while he or she was the
29 actual titleholder of the mobile home. The county treasurer
30 shall refund any amount of taxes paid by the transferee that
31 were imposed in years when the transferee was not the actual
32 titleholder. The provisions of this amendatory Act of 1997
33 (P.A. 90-542) apply retroactively to January 1, 1996. In no
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1 event may the county treasurer refund amounts paid by the
2 transferee during any year except the 10 years immediately
3 preceding the year in which the refund is made. If the owner
4 is a licensed dealer who has purchased the vehicle and is
5 holding it for resale, in lieu of acquiring a certification
6 from the county treasurer he shall forward the certification
7 received from the previous owner to the next buyer of the
8 vehicle. The owner shall cause the certification to be
9 mailed or delivered to the Secretary of State with the
10 certificate of title and assignment.
11 (b) Except as provided in Section 3-113, the transferee
12 shall, promptly and within 20 days after delivery to him of
13 the vehicle and the assigned title, execute the application
14 for a new certificate of title in the space provided therefor
15 on the certificate or as the Secretary of State prescribes,
16 and cause the certificate and application to be mailed or
17 delivered to the Secretary of State.
18 (c) Upon request of the owner or transferee, a
19 lienholder in possession of the certificate of title shall,
20 unless the transfer was a breach of his security agreement,
21 either deliver the certificate to the transferee for delivery
22 to the Secretary of State or, upon receipt from the
23 transferee of the owner's assignment, the transferee's
24 application for a new certificate and the required fee, mail
25 or deliver them to the Secretary of State. The delivery of
26 the certificate does not affect the rights of the lienholder
27 under his security agreement.
28 (d) If a security interest is reserved or created at the
29 time of the transfer, the certificate of title shall be
30 retained by or delivered to the person who becomes the
31 lienholder, and the parties shall comply with the provisions
32 of Section 3-203.
33 (e) Except as provided in Section 3-113 and as between
34 the parties, a transfer by an owner is not effective until
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1 the provisions of this Section and Section 3-115 have been
2 complied with; however, an owner who has delivered possession
3 of the vehicle to the transferee and has complied with the
4 provisions of this Section and Section 3-115 requiring action
5 by him as not liable as owner for any damages thereafter
6 resulting from operation of the vehicle.
7 (f) The Secretary of State shall not process any
8 application for a transfer of an interest in a vehicle if any
9 fees or taxes due under this Act from the transferor or the
10 transferee have not been paid upon reasonable notice and
11 demand.
12 (g) If the Secretary of State receives an application
13 for transfer of a vehicle subject to a tax under the Mobil
14 Home Local Services Tax Act in a county with a population of
15 less than 3,000,000, such application must be accompanied by
16 the required certification by the county treasurer or tax
17 assessor authorizing the issuance of the title.
18 (Source: P.A. 90-212, eff. 1-1-98; 90-542, eff. 12-1-97;
19 revised 1-6-98.)
20 (625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
21 Sec. 3-201. Excepted liens and security interests.
22 This Article does not apply to or affect:
23 (a) A lien given by statute or rule of law to a supplier
24 of services or materials for the vehicle;
25 (b) A lien given by the statute to the United States,
26 this State or any political subdivision of this State, except
27 liens on trailer coaches and mobile homes for public
28 assistance, as provided in Section 3-12 (now repealed) 3-15
29 of "the Illinois Public Aid Code", enacted by the 75th
30 General Assembly.
31 (c) A security interest in a vehicle created by a
32 manufacturer or dealer who holds the vehicle for sale, but a
33 buyer in the ordinary course of trade from the manufacturer
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1 or dealer takes free of the security interest.
2 (Source: P.A. 76-1586; revised 12-18-97.)
3 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
4 Sec. 3-412. Registration plates and registration
5 stickers to be furnished by the Secretary of State.
6 (a) The Secretary of State upon registering a vehicle
7 subject to annual registration for the first time shall
8 issue or shall cause to be issued to the owner one
9 registration plate for a motorcycle, trailer, semitrailer,
10 motorized pedalcycle or truck-tractor, 2 registration plates
11 for other motor vehicles and, where applicable, current
12 registration stickers for motor vehicles of the first
13 division. The provisions of this Section may be made
14 applicable to such vehicles of the second division, as the
15 Secretary of State may, from time to time, in his discretion
16 designate. On subsequent annual registrations during the term
17 of the registration plate as provided in Section 3-414.1, the
18 Secretary shall issue or cause to be issued registration
19 stickers as evidence of current registration. However, the
20 issuance of annual registration stickers to vehicles
21 registered under the provisions of Section 3-402.1 of this
22 Code may not be required if the Secretary deems the issuance
23 unnecessary.
24 (b) Every registration plate shall have displayed upon
25 it the registration number assigned to the vehicle for which
26 it is issued, the name of this State, which may be
27 abbreviated, the year number for which it was issued, which
28 may be abbreviated, the phrase "Land of Lincoln", except as
29 provided in Sections 3-626, 3-629, 3-633, 3-634, 3-637, and
30 3-638, and 3-642 3-639, and such other letters or numbers as
31 the Secretary may prescribe. However, for apportionment
32 plates issued to vehicles registered under Section 3-402.1,
33 the phrase "Land of Lincoln" may be omitted to allow for the
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1 word "apportioned" to be displayed. The Secretary may in his
2 discretion prescribe that letters be used as prefixes only on
3 registration plates issued to vehicles of the first division
4 which are registered under this Code and only as suffixes on
5 registration plates issued to other vehicles. Every
6 registration sticker issued as evidence of current
7 registration shall designate the year number for which it is
8 issued and such other letters or numbers as the Secretary may
9 prescribe and shall be of a contrasting color with the
10 registration plates and registration stickers of the previous
11 year.
12 (c) Each registration plate and the required letters and
13 numerals thereon, except the year number for which issued,
14 shall be of sufficient size to be plainly readable from a
15 distance of 100 feet during daylight, and shall be coated
16 with reflectorizing material. The dimensions of the plate
17 issued to vehicles of the first division shall be 6 by 12
18 inches.
19 (d) The Secretary of State shall issue for every
20 passenger motor vehicle rented without a driver the same type
21 of registration plates as the type of plates issued for a
22 private passenger vehicle.
23 (e) The Secretary of State shall issue for every
24 passenger car used as a taxicab or livery, distinctive
25 registration plates.
26 (f) The Secretary of State shall issue for every
27 motorcycle distinctive registration plates distinguishing
28 between motorcycles having 150 or more cubic centimeters
29 piston displacement, or having less than 150 cubic centimeter
30 piston displacement.
31 (g) Registration plates issued to vehicles for-hire may
32 display a designation as determined by the Secretary that
33 such vehicles are for-hire.
34 (h) The Secretary of State shall issue for each electric
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1 vehicle distinctive registration plates which shall
2 distinguish between electric vehicles having a maximum
3 operating speed of 45 miles per hour or more and those having
4 a maximum operating speed of less than 45 miles per hour.
5 (i) The Secretary of State shall issue for every public
6 and private ambulance registration plates identifying the
7 vehicle as an ambulance. The Secretary shall forward to the
8 Department of Public Aid registration information for the
9 purpose of verification of claims filed with the Department
10 by ambulance owners for payment for services to public
11 assistance recipients.
12 (j) The Secretary of State shall issue for every public
13 and private medical carrier or rescue vehicle livery
14 registration plates displaying numbers within ranges of
15 numbers reserved respectively for medical carriers and rescue
16 vehicles. The Secretary shall forward to the Department of
17 Public Aid registration information for the purpose of
18 verification of claims filed with the Department by owners of
19 medical carriers or rescue vehicles for payment for services
20 to public assistance recipients.
21 (Source: P.A. 89-424, eff. 6-1-96; 89-564, eff. 7-1-97;
22 89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 89-639, eff.
23 1-1-97; 90-14, eff. 7-1-97; 90-533, eff. 11-14-97; revised
24 1-6-98.)
25 (625 ILCS 5/3-639)
26 Sec. 3-639. Special registration plate for a president
27 of a village or incorporated town or mayor.
28 (a) The Secretary, upon receipt of all applicable fees
29 and applications made in the form prescribed by the
30 Secretary, may issue special registration plates to
31 presidents of villages and incorporated towns and mayors.
32 The special plates issued under this Section shall be
33 affixed only to passenger vehicles of the first division or
HB1268 Enrolled -1017- LRB9000999EGfg
1 motor vehicles of the second division weighing not more than
2 8,000 pounds.
3 Plates issued under this Section shall expire according
4 to the multi-year procedure established by Section 3-414.1 of
5 this Code.
6 (b) The design and color of the special plates shall be
7 wholly within the discretion of the Secretary. Appropriate
8 documentation, as determined by the Secretary, shall
9 accompany each application.
10 (c) An applicant for the special plate shall be charged
11 a $15 fee for original issuance in addition to the
12 appropriate registration fee. This additional fee shall be
13 deposited into the Secretary of State Special License Plate
14 Fund, to be used by the Secretary to help defray the
15 administrative processing costs.
16 For each registration renewal period, a $2 fee, in
17 addition to the appropriate registration fee, shall be
18 charged. This additional fee shall be deposited into the
19 Secretary of State Special License Plate Fund.
20 (Source: P.A. 90-527, eff. 11-13-97.)
21 (625 ILCS 5/3-641)
22 Sec. 3-641. 3-639. Deceased police officer or
23 firefighter plates.
24 (a) The Secretary, upon receipt of all applicable fees
25 and applications made in the form prescribed by the
26 Secretary, may issue special registration plates to the
27 surviving spouse or, if no spouse exists, the parents of a
28 police officer or firefighter who has died in the line of
29 duty in this State. The special plates issued pursuant to
30 this Section shall be affixed only to passenger vehicles of
31 the first division or motor vehicles of the second division
32 weighing not more than 8,000 pounds.
33 Plates issued under this Section shall expire according
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1 to the multi-year procedure established by Section 3-414.1 of
2 this Code.
3 (b) The design and color of the special plates shall be
4 wholly within the discretion of the Secretary. Appropriate
5 documentation, as determined by the Secretary, shall
6 accompany each application.
7 (c) An applicant for the special plate shall be charged
8 a $15 fee for original issuance in addition to the
9 appropriate registration fee. This additional fee shall be
10 deposited into the Secretary of State Special License Plate
11 Fund, to be used by the Secretary to help defray the
12 administrative processing costs.
13 For each registration renewal period, a $2 fee, in
14 addition to the appropriate registration fee, shall be
15 charged. This additional fee shall be deposited into the
16 Secretary of State Special License Plate Fund.
17 (Source: P.A. 90-530, eff. 1-1-98; revised 1-6-98.)
18 (625 ILCS 5/3-642)
19 Sec. 3-642. 3-639. Silver Star plates.
20 (a) The Secretary, upon receipt of all applicable fees
21 and applications made in the form prescribed by the
22 Secretary, may issue special registration plates to residents
23 of Illinois who have been awarded the Silver Star by the
24 United States Armed Forces. The special plate issued under
25 this Section shall be affixed only to passenger vehicles of
26 the first division or motor vehicles of the second division
27 weighing not more than 8,000 pounds. Plates issued under this
28 Section shall expire according to the staggered multi-year
29 procedure established by Section 3-414.1 of this Code.
30 (b) The design, color, and format of the plates shall be
31 wholly within the discretion of the Secretary. The Secretary
32 may, in his or her discretion, allow the plates to be issued
33 as vanity plates or personalized in accordance with Section
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1 3-405.1 of this Code. The plates are not required to
2 designate "Land Of Lincoln", as prescribed in subsection (b)
3 of Section 3-412 of this Code. The Secretary shall prescribe
4 the eligibility requirements and, in his or her discretion,
5 shall approve and prescribe stickers or decals as provided
6 under Section 3-412.
7 (c) An applicant shall be charged a $15 fee for original
8 issuance in addition to the appropriate registration fee.
9 This additional fee shall be deposited into the Secretary
10 of State Special License Plate Fund. For each registration
11 renewal period, a $2 fee, in addition to the appropriate
12 registration fee, shall be charged and deposited into the
13 Secretary of State Special License Plate Fund.
14 (Source: P.A. 90-533, eff. 11-14-97; revised 1-6-98.)
15 (625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
16 Sec. 4-304. Implementation and administration of policy.
17 The Board shall consider and adopt such programs as are
18 designed to implement and administer the policies
19 hereinbefore expressed and within the appropriations provided
20 for by the General Assembly.
21 In adopting such programs, the Board shall take into
22 consideration the programs of the federal government in the
23 same field, so as to assure full coordination therewith and
24 that the State of Illinois does not duplicate federal actions
25 and programs. The programs to be considered by the Board
26 shall in addition be designed to:
27 1. Effect the efficient removal of abandoned vehicles
28 from the highways, streets, roads, other public property, as
29 well as from private property within Illinois;
30 2. Effect the efficient removal of abandoned and
31 derelict vehicles from private property to be junked,
32 salvaged, recycled, or reclaimed, to wrecking, recycling or
33 salvaging facilities, or to a temporary impoundment or area
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1 collection center;
2 3. Effect efficient recycling or scrap processing of
3 retired vehicles and the salvaging of usable parts;
4 4. Permit the restoration of antique and historic
5 vehicles by private persons or agencies;
6 5. Work with other State agencies to effect the
7 efficient and effective recycling of solid and liquid motor
8 vehicle waste, including motor vehicle drain oil, derived in
9 the recycling of a motor vehicle.
10 6. Recoup the costs of removal and disposal of abandoned
11 and derelict vehicles from vehicle owners, land owners and
12 persons who abandon or discard such vehicles and from other
13 suitable sources.
14 7. Promote and publicize individual responsibility of
15 vehicle owners for their personal disposal of unwanted and
16 discarded vehicles and develop an effective promotional
17 campaign to show owners how to properly dispose of such
18 vehicles; and the legal consequences of not doing so.
19 8. Provide State coordination, expertise and assistance
20 to all local units of government, as needed, seeking
21 legislative remedy where appropriate regarding: vehicle
22 detitling procedure; impoundment time periods; the legal
23 restrictions unnecessarily delaying vehicle disposal; and,
24 to promote and advance the technology, growth and development
25 of the legitimate auto recycling industry to the end that
26 this industry can effectively recycle all vehicles annually
27 retired and accumulated in Illinois with a minimum of
28 assistance from the State or its subdivisions.
29 The Board is empowered to negotiate and enter into
30 reciprocal agreements with other states and State and federal
31 agencies, in furtherance of the provisions of this Act, as
32 amended; provided, however, that no such reciprocal agreement
33 may be entered into without the approval and authorization of
34 the State body legally required to approve such agreements.
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1 The Board shall make rules, regulations and by-laws, not
2 inconsistent with this Act or of any other law of this State,
3 as to its own organization and conduct and for the
4 implementation and administration of this Act.
5 The Board is further empowered to enter into an agreement
6 with any State agency represented on the Board, to carry out
7 the administration of the abandoned and derelict vehicle
8 abatement program of the Board, and to make such funds
9 available as may be found necessary by the Board, as
10 appropriated by the General Assembly.
11 (Source: P.A. 84-470; revised 12-18-97.)
12 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
13 Sec. 6-206. Discretionary authority to suspend or revoke
14 license or permit; Right to a hearing.
15 (a) The Secretary of State is authorized to suspend or
16 revoke the driving privileges of any person without
17 preliminary hearing upon a showing of the person's records or
18 other sufficient evidence that the person:
19 1. Has committed an offense for which mandatory
20 revocation of a driver's license or permit is required
21 upon conviction;
22 2. Has been convicted of not less than 3 offenses
23 against traffic regulations governing the movement of
24 vehicles committed within any 12 month period. No
25 revocation or suspension shall be entered more than 6
26 months after the date of last conviction;
27 3. Has been repeatedly involved as a driver in
28 motor vehicle collisions or has been repeatedly convicted
29 of offenses against laws and ordinances regulating the
30 movement of traffic, to a degree that indicates lack of
31 ability to exercise ordinary and reasonable care in the
32 safe operation of a motor vehicle or disrespect for the
33 traffic laws and the safety of other persons upon the
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1 highway;
2 4. Has by the unlawful operation of a motor vehicle
3 caused or contributed to an accident resulting in death
4 or injury requiring immediate professional treatment in a
5 medical facility or doctor's office to any person, except
6 that any suspension or revocation imposed by the
7 Secretary of State under the provisions of this
8 subsection shall start no later than 6 months after being
9 convicted of violating a law or ordinance regulating the
10 movement of traffic, which violation is related to the
11 accident, or shall start not more than one year after the
12 date of the accident, whichever date occurs later;
13 5. Has permitted an unlawful or fraudulent use of a
14 driver's license, identification card, or permit;
15 6. Has been lawfully convicted of an offense or
16 offenses in another state, including the authorization
17 contained in Section 6-203.1, which if committed within
18 this State would be grounds for suspension or revocation;
19 7. Has refused or failed to submit to an
20 examination provided for by Section 6-207 or has failed
21 to pass the examination;
22 8. Is ineligible for a driver's license or permit
23 under the provisions of Section 6-103;
24 9. Has made a false statement or knowingly
25 concealed a material fact or has used false information
26 or identification in any application for a license,
27 identification card, or permit;
28 10. Has possessed, displayed, or attempted to
29 fraudulently use any license, identification card, or
30 permit not issued to the person;
31 11. Has operated a motor vehicle upon a highway of
32 this State when the person's driving privilege or
33 privilege to obtain a driver's license or permit was
34 revoked or suspended unless the operation was authorized
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1 by a judicial driving permit, probationary license to
2 drive, or a restricted driving permit issued under this
3 Code;
4 12. Has submitted to any portion of the application
5 process for another person or has obtained the services
6 of another person to submit to any portion of the
7 application process for the purpose of obtaining a
8 license, identification card, or permit for some other
9 person;
10 13. Has operated a motor vehicle upon a highway of
11 this State when the person's driver's license or permit
12 was invalid under the provisions of Sections 6-107.1 and
13 6-110;
14 14. Has committed a violation of Section 6-301,
15 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
16 14B of the Illinois Identification Card Act;
17 15. Has been convicted of violating Section 21-2 of
18 the Criminal Code of 1961 relating to criminal trespass
19 to vehicles in which case, the suspension shall be for
20 one year;
21 16. Has been convicted of violating Section 11-204
22 of this Code relating to fleeing from a police officer;
23 17. Has refused to submit to a test, or tests, as
24 required under Section 11-501.1 of this Code and the
25 person has not sought a hearing as provided for in
26 Section 11-501.1;
27 18. Has, since issuance of a driver's license or
28 permit, been adjudged to be afflicted with or suffering
29 from any mental disability or disease;
30 19. Has committed a violation of paragraph (a) or
31 (b) of Section 6-101 relating to driving without a
32 driver's license;
33 20. Has been convicted of violating Section 6-104
34 relating to classification of driver's license;
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1 21. Has been convicted of violating Section 11-402
2 of this Code relating to leaving the scene of an accident
3 resulting in damage to a vehicle in excess of $1,000, in
4 which case the suspension shall be for one year;
5 22. Has used a motor vehicle in violating paragraph
6 (3), (4), (7), or (9) of subsection (a) of Section 24-1
7 of the Criminal Code of 1961 relating to unlawful use of
8 weapons, in which case the suspension shall be for one
9 year;
10 23. Has, as a driver, been convicted of committing
11 a violation of paragraph (a) of Section 11-502 of this
12 Code for a second or subsequent time within one year of a
13 similar violation;
14 24. Has been convicted by a court-martial or
15 punished by non-judicial punishment by military
16 authorities of the United States at a military
17 installation in Illinois of or for a traffic related
18 offense that is the same as or similar to an offense
19 specified under Section 6-205 or 6-206 of this Code;
20 25. Has permitted any form of identification to be
21 used by another in the application process in order to
22 obtain or attempt to obtain a license, identification
23 card, or permit;
24 26. Has altered or attempted to alter a license or
25 has possessed an altered license, identification card, or
26 permit;
27 27. Has violated Section 6-16 of the Liquor Control
28 Act of 1934;
29 28. Has been convicted of the illegal possession,
30 while operating or in actual physical control, as a
31 driver, of a motor vehicle, of any controlled substance
32 prohibited under the Illinois Controlled Substances Act
33 or any cannabis prohibited under the provisions of the
34 Cannabis Control Act, in which case the person's driving
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1 privileges shall be suspended for one year, and any
2 driver who is convicted of a second or subsequent
3 offense, within 5 years of a previous conviction, for the
4 illegal possession, while operating or in actual physical
5 control, as a driver, of a motor vehicle, of any
6 controlled substance prohibited under the provisions of
7 the Illinois Controlled Substances Act or any cannabis
8 prohibited under the Cannabis Control Act shall be
9 suspended for 5 years. Any defendant found guilty of this
10 offense while operating a motor vehicle, shall have an
11 entry made in the court record by the presiding judge
12 that this offense did occur while the defendant was
13 operating a motor vehicle and order the clerk of the
14 court to report the violation to the Secretary of State;
15 29. Has been convicted of the following offenses
16 that were committed while the person was operating or in
17 actual physical control, as a driver, of a motor vehicle:
18 criminal sexual assault, predatory criminal sexual
19 assault of a child, aggravated criminal sexual assault,
20 criminal sexual abuse, aggravated criminal sexual abuse,
21 juvenile pimping, soliciting for a juvenile prostitute
22 and the manufacture, sale or delivery of controlled
23 substances or instruments used for illegal drug use or
24 abuse in which case the driver's driving privileges shall
25 be suspended for one year;
26 30. Has been convicted a second or subsequent time
27 for any combination of the offenses named in paragraph 29
28 of this subsection, in which case the person's driving
29 privileges shall be suspended for 5 years;
30 31. Has refused to submit to a test as required by
31 Section 11-501.6 or has submitted to a test resulting in
32 an alcohol concentration of 0.08 or more or any amount of
33 a drug, substance, or compound resulting from the
34 unlawful use or consumption of cannabis as listed in the
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1 Cannabis Control Act or a controlled substance as listed
2 in the Illinois Controlled Substances Act in which case
3 the penalty shall be as prescribed in Section 6-208.1;
4 32. Has been convicted of Section 24-1.2 of the
5 Criminal Code of 1961 relating to the aggravated
6 discharge of a firearm if the offender was located in a
7 motor vehicle at the time the firearm was discharged, in
8 which case the suspension shall be for 3 years;
9 33. Has as a driver, who was less than 21 years of
10 age on the date of the offense, been convicted a first
11 time of a violation of paragraph (a) of Section 11-502 of
12 this Code or a similar provision of a local ordinance; or
13 34. Has committed a violation of Section 11-1301.5
14 of this Code; or
15 35. Has committed a violation of Section 11-1301.6
16 of this Code; or.
17 36. 34. Is under the age of 21 years at the time of
18 arrest and has been convicted of not less than 2
19 offenses against traffic regulations governing the
20 movement of vehicles committed within any 24 month
21 period. No revocation or suspension shall be entered
22 more than 6 months after the date of last conviction.
23 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
24 and 27 of this subsection, license means any driver's
25 license, any traffic ticket issued when the person's driver's
26 license is deposited in lieu of bail, a suspension notice
27 issued by the Secretary of State, a duplicate or corrected
28 driver's license, a probationary driver's license or a
29 temporary driver's license.
30 (b) If any conviction forming the basis of a suspension
31 or revocation authorized under this Section is appealed, the
32 Secretary of State may rescind or withhold the entry of the
33 order of suspension or revocation, as the case may be,
34 provided that a certified copy of a stay order of a court is
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1 filed with the Secretary of State. If the conviction is
2 affirmed on appeal, the date of the conviction shall relate
3 back to the time the original judgment of conviction was
4 entered and the 6 month limitation prescribed shall not
5 apply.
6 (c) 1. Upon suspending or revoking the driver's license
7 or permit of any person as authorized in this Section,
8 the Secretary of State shall immediately notify the
9 person in writing of the revocation or suspension. The
10 notice to be deposited in the United States mail, postage
11 prepaid, to the last known address of the person.
12 2. If the Secretary of State suspends the driver's
13 license of a person under subsection 2 of paragraph (a)
14 of this Section, a person's privilege to operate a
15 vehicle as an occupation shall not be suspended, provided
16 an affidavit is properly completed, the appropriate fee
17 received, and a permit issued prior to the effective date
18 of the suspension, unless 5 offenses were committed, at
19 least 2 of which occurred while operating a commercial
20 vehicle in connection with the driver's regular
21 occupation. All other driving privileges shall be
22 suspended by the Secretary of State. Any driver prior to
23 operating a vehicle for occupational purposes only must
24 submit the affidavit on forms to be provided by the
25 Secretary of State setting forth the facts of the
26 person's occupation. The affidavit shall also state the
27 number of offenses committed while operating a vehicle in
28 connection with the driver's regular occupation. The
29 affidavit shall be accompanied by the driver's license.
30 Upon receipt of a properly completed affidavit, the
31 Secretary of State shall issue the driver a permit to
32 operate a vehicle in connection with the driver's regular
33 occupation only. Unless the permit is issued by the
34 Secretary of State prior to the date of suspension, the
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1 privilege to drive any motor vehicle shall be suspended
2 as set forth in the notice that was mailed under this
3 Section. If an affidavit is received subsequent to the
4 effective date of this suspension, a permit may be issued
5 for the remainder of the suspension period.
6 The provisions of this subparagraph shall not apply
7 to any driver required to obtain a commercial driver's
8 license under Section 6-507 during the period of a
9 disqualification of commercial driving privileges under
10 Section 6-514.
11 Any person who falsely states any fact in the
12 affidavit required herein shall be guilty of perjury
13 under Section 6-302 and upon conviction thereof shall
14 have all driving privileges revoked without further
15 rights.
16 3. At the conclusion of a hearing under Section
17 2-118 of this Code, the Secretary of State shall either
18 rescind or continue an order of revocation or shall
19 substitute an order of suspension; or, good cause
20 appearing therefor, rescind, continue, change, or extend
21 the order of suspension. If the Secretary of State does
22 not rescind the order, the Secretary may upon
23 application, to relieve undue hardship, issue a
24 restricted driving permit granting the privilege of
25 driving a motor vehicle between the petitioner's
26 residence and petitioner's place of employment or within
27 the scope of his employment related duties, or to allow
28 transportation for the petitioner, or a household member
29 of the petitioner's family, to receive necessary medical
30 care and if the professional evaluation indicates,
31 provide transportation for alcohol remedial or
32 rehabilitative activity, or for the petitioner to attend
33 classes, as a student, in an accredited educational
34 institution; if the petitioner is able to demonstrate
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1 that no alternative means of transportation is reasonably
2 available and the petitioner will not endanger the public
3 safety or welfare. In each case the Secretary may issue a
4 restricted driving permit for a period deemed
5 appropriate, except that all permits shall expire within
6 one year from the date of issuance. A restricted driving
7 permit issued under this Section shall be subject to
8 cancellation, revocation, and suspension by the Secretary
9 of State in like manner and for like cause as a driver's
10 license issued under this Code may be cancelled, revoked,
11 or suspended; except that a conviction upon one or more
12 offenses against laws or ordinances regulating the
13 movement of traffic shall be deemed sufficient cause for
14 the revocation, suspension, or cancellation of a
15 restricted driving permit. The Secretary of State may, as
16 a condition to the issuance of a restricted driving
17 permit, require the applicant to participate in a
18 designated driver remedial or rehabilitative program. The
19 Secretary of State is authorized to cancel a restricted
20 driving permit if the permit holder does not successfully
21 complete the program.
22 (c-5) The Secretary of State may, as a condition of the
23 reissuance of a driver's license or permit to an applicant
24 under the age of 18 years whose driver's license or permit
25 has been suspended pursuant to any of the provisions of this
26 Section, require the applicant to participate in a driver
27 remedial education course and be retested under Section 6-109
28 of this Code.
29 (d) This Section is subject to the provisions of the
30 Drivers License Compact.
31 (e) The Secretary of State shall not issue a restricted
32 driving permit to a person under the age of 16 years whose
33 driving privileges have been suspended or revoked under any
34 provisions of this Code.
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1 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
2 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
3 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
4 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
5 Sec. 6-301.2. Fraudulent driver's license or permit.
6 (a) (Blank). or permit-making or permit or permit or
7 permit
8 (b) It is a violation of this Section for any person:
9 1. To knowingly possess any fraudulent driver's
10 license or permit;
11 2. To knowingly possess, display or cause to be
12 displayed any fraudulent driver's license or permit for
13 the purpose of obtaining any account, credit, credit card
14 or debit card from a bank, financial institution or
15 retail mercantile establishment;
16 3. To knowingly possess any fraudulent driver's
17 license or permit with the intent to commit a theft,
18 deception or credit or debit card fraud in violation of
19 any law of this State or any law of any other
20 jurisdiction;
21 4. To knowingly possess any fraudulent driver's
22 license or permit with the intent to commit any other
23 violation of any laws of this State or any law of any
24 other jurisdiction for which a sentence to a term of
25 imprisonment in a penitentiary for one year or more is
26 provided;
27 5. To knowingly possess any fraudulent driver's
28 license or permit while in unauthorized possession of any
29 document, instrument or device capable of defrauding
30 another;
31 6. To knowingly possess any fraudulent driver's
32 license or permit with the intent to use the license or
33 permit to acquire any other identification document;
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1 7. To knowingly possess without authority any
2 driver's license-making or permit-making implement;
3 8. To knowingly possess any stolen driver's
4 license-making or permit-making implement;
5 9. To knowingly duplicate, manufacture, sell or
6 transfer any fraudulent driver's license or permit;
7 10. To advertise or distribute any information or
8 materials that promote the selling, giving, or furnishing
9 of a fraudulent driver's license or permit.
10 (c) Sentence.
11 1. Any person convicted of a violation of paragraph
12 1 of subsection (b) of this Section shall be guilty of a
13 Class 4 felony and shall be sentenced to a minimum fine
14 of $500 or 50 hours of community service, preferably at
15 an alcohol abuse prevention program, if available.
16 2. Any person convicted of a violation of any of
17 paragraphs 2 through 9 of subsection (b) of this Section
18 shall be guilty of a Class 4 felony. A person convicted
19 of a second or subsequent violation shall be guilty of a
20 Class 3 felony.
21 3. Any person convicted of a violation of paragraph
22 10 of subsection (b) of this Section shall be guilty of a
23 Class B misdemeanor.
24 (d) This Section does not prohibit any lawfully
25 authorized investigative, protective, law enforcement or
26 other activity of any agency of the United States, State of
27 Illinois or any other state or political subdivision thereof.
28 (e) The Secretary may request the Attorney General to
29 seek a restraining order in the circuit court against any
30 person who violates this Section by advertising fraudulent
31 driver's licenses or permits.
32 (Source: P.A. 89-283, eff. 1-1-96; 90-89, eff. 1-1-98;
33 90-191, eff. 1-1-98; revised 10-8-97.)
HB1268 Enrolled -1032- LRB9000999EGfg
1 (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
2 Sec. 6-507. Commercial Driver's License (CDL) Required.
3 (a) Except as expressly permitted by this UCDLA, or when
4 driving pursuant to the issuance of a commercial driver
5 instruction permit and accompanied by the holder of a CDL
6 valid for the vehicle being driven; no person shall drive a
7 commercial motor vehicle on the highways unless the person
8 has been issued, and is in the immediate possession of, a CDL
9 bearing all applicable endorsements valid for type or
10 classification of the commercial vehicle being driven.
11 (b) Except as otherwise provided by this Code, no person
12 may drive a commercial motor vehicle on the highways while
13 such person's driving privilege, license or permit is:
14 (1) Suspended, revoked, cancelled, or subject to
15 disqualification. Any person convicted of violating this
16 provision or a similar provision of this or any other
17 state shall have their driving privileges revoked under
18 paragraph 12 of subsection (a) of Section 6-205 of this
19 Code.
20 (2) Subject to or in violation of an
21 "out-of-service" order. Any person who has been issued a
22 CDL and is convicted of violating this provision or a
23 similar provision of any other state shall be
24 disqualified from operating a commercial motor vehicle
25 under subsection (i) of Section 6-514 of this Code.
26 (3) Subject to or in violation of an "out of
27 service" order and while transporting passengers or
28 hazardous materials. Any person who has been issued a
29 CDL and is convicted of violating this provision or a
30 similar provision of this or any other state shall be
31 disqualified from operating a commercial motor vehicle
32 under subsection (i) of Section 6-514 of this Code.
33 (c) Pursuant to the options provided to the States by
34 FHWA Docket No. MC-88-8, the driver of any motor vehicle
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1 controlled or operated by or for a farmer is waived from the
2 requirements of this Section, when such motor vehicle is
3 being used to transport: agricultural products; implements
4 of husbandry; or farm supplies; as long as such movement is
5 not over 150 air miles from the originating farm. This
6 waiver does not apply to the driver of any motor vehicle
7 being used in a common or contract carrier type operation.
8 However, for those drivers of any truck-tractor semitrailer
9 combination or combinations registered under subsection (c)
10 of Section 3-815 of this Code, this waiver shall apply only
11 when the driver is a farmer or a member of the farmer's
12 family and the driver is 21 years of age or more and has
13 successfully completed any tests the Secretary of State deems
14 necessary.
15 In addition, the farmer or a member of the farmer's
16 family who operates a truck-tractor semitrailer combination
17 or combinations pursuant to this waiver shall be granted all
18 of the rights and shall be subject to all of the duties and
19 restrictions with respect to Sections 6-514 and 6-515 of this
20 Code applicable to the driver who possesses a commercial
21 driver's license issued under this Code, except that the
22 driver shall not be subject to any additional duties or
23 restrictions contained in Part 382 of the Federal Motor
24 Carrier Safety Regulations that are not otherwise imposed
25 under Section 6-514 or 6-515 of this Code.
26 For purposes of this subsection (c), a member of the
27 farmer's family is a natural or in-law spouse, child, parent,
28 or sibling.
29 (c-5) An employee of a township or road district with a
30 population of less than 3,000 operating a vehicle within the
31 boundaries of the township or road district for the purpose
32 of removing snow or ice from a roadway by plowing, sanding,
33 or salting is waived from the requirements of this Section
34 when the employee is needed to operate the vehicle because
HB1268 Enrolled -1034- LRB9000999EGfg
1 the employee of the township or road district who ordinarily
2 operates the vehicle and who has a commercial driver's
3 license is unable to operate the vehicle or is in need of
4 additional assistance due to a snow emergency.
5 (d) Any person convicted of violating this Section,
6 shall be guilty of a Class A misdemeanor.
7 (e) Any person convicted of violating paragraph (b) of
8 this Section, shall have all driving privileges revoked by
9 the Secretary of State.
10 (f) This Section shall not apply to:
11 (1) A person who currently holds a valid Illinois
12 driver's license, for the type of vehicle being operated,
13 until the expiration of such license or April 1, 1992,
14 whichever is earlier; or
15 (2) A non-Illinois domiciliary who is properly
16 licensed in another State, until April 1, 1992. A
17 non-Illinois domiciliary, if such domiciliary is properly
18 licensed in another State or foreign jurisdiction, until
19 April 1, 1992.
20 (Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 10-1-96;
21 90-386, eff. 8-15-97; revised 10-30-97.)
22 (625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
23 Sec. 7-309. Suspension to continue until judgments paid
24 and proof given.
25 (a) The suspension of such driver's license, license
26 plates and registration stickers shall remain in effect and
27 no other vehicle shall be registered in the name of such
28 judgment debtor, nor any new license issued to such person
29 (including any such person not previously licensed), unless
30 and until the Secretary of State receives authenticated
31 documentation that such judgment is satisfied, or dormant as
32 provided for in Section 12-108 of the Code of Civil
33 Procedure, as now or hereafter amended, or stayed by court
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1 order, and the judgment debtor gives proof of financial
2 responsibility, as hereinafter provided. The Secretary of
3 State may terminate the suspension of such person's persons's
4 driver's license, license plates and registration stickers
5 and no proof of financial responsibility shall be required on
6 any existing suspensions under this Article which are more
7 than 20 years old.
8 (b) Whenever, after one judgment is satisfied and proof
9 of financial responsibility is given as herein required,
10 another such judgment is rendered against the judgment debtor
11 for any motor vehicle accident occurring prior to the date of
12 the giving of said proof and such person fails to satisfy the
13 latter judgment within the amounts specified herein within 30
14 days after the same becomes final, then the Secretary of
15 State shall again suspend the driver's license of such
16 judgment debtor and shall again suspend the registration of
17 any vehicle registered in the name of such judgment debtor as
18 owner. Such driver's license and registration shall not be
19 renewed nor shall a driver's license and registration of any
20 vehicle be issued to such judgment debtor while such latter
21 judgment remains in effect and unsatisfied within the amount
22 specified herein.
23 (Source: P.A. 86-500; revised 7-7-97.)
24 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
25 Sec. 11-208. Powers of local authorities.
26 (a) The provisions of this Code shall not be deemed to
27 prevent local authorities with respect to streets and
28 highways under their jurisdiction and within the reasonable
29 exercise of the police power from:
30 1. Regulating the standing or parking of vehicles,
31 except as limited by Section 11-1306 of this Act;
32 2. Regulating traffic by means of police officers
33 or traffic control signals;
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1 3. Regulating or prohibiting processions or
2 assemblages on the highways;
3 4. Designating particular highways as one-way
4 highways and requiring that all vehicles thereon be moved
5 in one specific direction;
6 5. Regulating the speed of vehicles in public parks
7 subject to the limitations set forth in Section 11-604;
8 6. Designating any highway as a through highway, as
9 authorized in Section 11-302, and requiring that all
10 vehicles stop before entering or crossing the same or
11 designating any intersection as a stop intersection or a
12 yield right-of-way intersection and requiring all
13 vehicles to stop or yield the right-of-way at one or more
14 entrances to such intersections;
15 7. Restricting the use of highways as authorized in
16 Chapter 15;
17 8. Regulating the operation of bicycles and
18 requiring the registration and licensing of same,
19 including the requirement of a registration fee;
20 9. Regulating or prohibiting the turning of
21 vehicles or specified types of vehicles at intersections;
22 10. Altering the speed limits as authorized in
23 Section 11-604;
24 11. Prohibiting U-turns;
25 12. Prohibiting pedestrian crossings at other than
26 designated and marked crosswalks or at intersections;
27 13. Prohibiting parking during snow removal
28 operation;
29 14. Imposing fines in accordance with Section
30 11-1301.3 as penalties for use of any parking place
31 reserved for persons with disabilities, as defined by
32 Section 1-159.1, or disabled veterans by any person using
33 a motor vehicle not bearing registration plates specified
34 in Section 11-1301.1 or a special decal or device as
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1 defined in Section 11-1301.2 as evidence that the vehicle
2 is operated by or for a person with disabilities or
3 disabled veteran;
4 15. Adopting such other traffic regulations as are
5 specifically authorized by this Code; or
6 16. Enforcing the provisions of subsection (f) of
7 Section 3-413 of this Code or a similar local ordinance.
8 (b) No ordinance or regulation enacted under subsections
9 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
10 effective until signs giving reasonable notice of such local
11 traffic regulations are posted.
12 (c) The provisions of this Code shall not prevent any
13 municipality having a population of 500,000 or more
14 inhabitants from prohibiting any person from driving or
15 operating any motor vehicle upon the roadways of such
16 municipality with headlamps on high beam or bright.
17 (d) The provisions of this Code shall not be deemed to
18 prevent local authorities within the reasonable exercise of
19 their police power from prohibiting, on private property, the
20 unauthorized use of parking spaces reserved for persons with
21 disabilities.
22 (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97;
23 revised 11-17-97.)
24 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
25 Sec. 11-209. Powers of municipalities and counties -
26 Contract with school boards, hospitals, churches, condominium
27 complex unit owners' associations, and commercial and
28 industrial facility, shopping center, and apartment complex
29 owners for regulation of traffic.
30 (a) The corporate authorities of any municipality or the
31 county board of any county, and a school board, hospital,
32 church, condominium complex unit owners' association, or
33 owner of any commercial and industrial facility, shopping
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1 center, or apartment complex which controls a parking area
2 located within the limits of the municipality, or outside the
3 limits of the municipality and within the boundaries of the
4 county, may, by contract, empower the municipality or county
5 to regulate the parking of automobiles and the traffic at
6 such parking area. Such contract shall empower the
7 municipality or county to accomplish all or any part of the
8 following:
9 1. The erection of stop signs, flashing signals,
10 person with disabilities parking area signs or yield
11 signs at specified locations in a parking area and the
12 adoption of appropriate regulations thereto pertaining,
13 or the designation of any intersection in the parking
14 area as a stop intersection or as a yield intersection
15 and the ordering of like signs or signals at one or more
16 entrances to such intersection, subject to the provisions
17 of this Chapter.
18 2. The prohibition or regulation of the turning of
19 vehicles or specified types of vehicles at intersections
20 or other designated locations in the parking area.
21 3. The regulation of a crossing of any roadway in
22 the parking area by pedestrians.
23 4. The designation of any separate roadway in the
24 parking area for one-way traffic.
25 5. The establishment and regulation of loading
26 zones.
27 6. The prohibition, regulation, restriction or
28 limitation of the stopping, standing or parking of
29 vehicles in specified areas of the parking area.
30 7. The designation of safety zones in the parking
31 area and fire lanes.
32 8. Providing for the removal and storage of
33 vehicles parked or abandoned in the parking area during
34 snowstorms, floods, fires, or other public emergencies,
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1 or found unattended in the parking area, (a) where they
2 constitute an obstruction to traffic, or (b) where
3 stopping, standing or parking is prohibited, and for the
4 payment of reasonable charges for such removal and
5 storage by the owner or operator of any such vehicle.
6 9. Providing that the cost of planning,
7 installation, maintenance and enforcement of parking and
8 traffic regulations pursuant to any contract entered into
9 under the authority of this paragraph (a) of this Section
10 be borne by the municipality or county, or by the school
11 board, hospital, church, property owner, apartment
12 complex owner, or condominium complex unit owners'
13 association, or that a percentage of the cost be shared
14 by the parties to the contract.
15 10. Causing the installation of parking meters on
16 the parking area and establishing whether the expense of
17 installing said parking meters and maintenance thereof
18 shall be that of the municipality or county, or that of
19 the school board, hospital, church, condominium complex
20 unit owners' association, shopping center or apartment
21 complex owner. All moneys obtained from such parking
22 meters as may be installed on any parking area shall
23 belong to the municipality or county.
24 11. Causing the installation of parking signs in
25 accordance with Section 11-301 in areas of the parking
26 lots covered by this Section and where desired by the
27 person contracting with the appropriate authority listed
28 in paragraph (a) of this Section, indicating that such
29 parking spaces are reserved for persons with
30 disabilities.
31 12. Contracting for such additional reasonable
32 rules and regulations with respect to traffic and parking
33 in a parking area as local conditions may require for the
34 safety and convenience of the public or of the users of
HB1268 Enrolled -1040- LRB9000999EGfg
1 the parking area.
2 (b) No contract entered into pursuant to this Section
3 shall exceed a period of 20 years. No lessee of a shopping
4 center or apartment complex shall enter into such a contract
5 for a longer period of time than the length of his lease.
6 (c) Any contract entered into pursuant to this Section
7 shall be recorded in the office of the recorder in the county
8 in which the parking area is located, and no regulation made
9 pursuant to the contract shall be effective or enforceable
10 until 3 days after the contract is so recorded.
11 (d) At such time as parking and traffic regulations have
12 been established at any parking area pursuant to the contract
13 as provided for in this Section, then it shall be a petty
14 offense for any person to do any act forbidden or to fail to
15 perform any act required by such parking or traffic
16 regulation. If the violation is the parking in a parking
17 space reserved for persons with disabilities under paragraph
18 (11) of this Section, by a person without special
19 registration plates issued to a person with disabilities, as
20 defined by Section 1-159.1, pursuant to Section 3-616 of this
21 Code, or to a disabled veteran pursuant to Section 3-609 of
22 this Code, the local police of the contracting corporate
23 municipal authorities shall issue a parking ticket to such
24 parking violator and issue a fine in accordance with Section
25 11-1301.3.
26 (e) The term "shopping center", as used in this Section,
27 means premises having one or more stores or business
28 establishments in connection with which there is provided on
29 privately-owned property near or contiguous thereto an area,
30 or areas, of land used by the public as the means of access
31 to and egress from the stores and business establishments on
32 such premises and for the parking of motor vehicles of
33 customers and patrons of such stores and business
34 establishments on such premises.
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1 (f) The term "parking area", as used in this Section,
2 means an area, or areas, of land near or contiguous to a
3 school, church, or hospital building, shopping center,
4 apartment complex, or condominium complex, but not the public
5 highways or alleys, and used by the public as the means of
6 access to and egress from such buildings and the stores and
7 business establishments at a shopping center and for the
8 parking of motor vehicles.
9 (g) The terms "owner", "property owner", "shopping
10 center owner", and "apartment complex owner", as used in this
11 Section, mean the actual legal owner of the shopping center
12 parking area or apartment complex, the trust officer of a
13 banking institution having the right to manage and control
14 such property, or a person having the legal right, through
15 lease or otherwise, to manage or control the property.
16 (g-5) The term "condominium complex unit owners'
17 association", as used in this Section, means a "unit owners'
18 association" as defined in Section 2 of the Condominium
19 Property Act.
20 (h) The term "fire lane", as used in this Section, means
21 travel lanes for the fire fighting equipment upon which there
22 shall be no standing or parking of any motor vehicle at any
23 time so that fire fighting equipment can move freely thereon.
24 (i) The term "apartment complex", as used in this
25 Section, means premises having one or more apartments in
26 connection with which there is provided on privately-owned
27 property near or contiguous thereto an area, or areas, of
28 land used by occupants of such apartments or their guests as
29 a means of access to and egress from such apartments or for
30 the parking of motor vehicles of such occupants or their
31 guests.
32 (j) The term "condominium complex", as used in this
33 Section, means the units, common elements, and limited common
34 elements that are located on the parcels, as those terms are
HB1268 Enrolled -1042- LRB9000999EGfg
1 defined in Section 2 of the Condominium Property Act.
2 (k) The term "commercial and industrial facility", as
3 used in this Section, means a premises containing one or more
4 commercial and industrial facility establishments
5 establishment in connection with which there is provided on
6 privately-owned property near or contiguous to the premises
7 an area or areas of land used by the public as the means of
8 access to and egress from the commercial and industrial
9 facility establishment on the premises and for the parking of
10 motor vehicles of customers, patrons, and employees of the
11 commercial and industrial facility establishment on the
12 premises.
13 (l) (k) The provisions of this Section shall not be
14 deemed to prevent local authorities from enforcing, on
15 private property, local ordinances imposing fines, in
16 accordance with Section 11-1301.3, as penalties for use of
17 any parking place reserved for persons with disabilities, as
18 defined by Section 1-159.1, or disabled veterans by any
19 person using a motor vehicle not bearing registration plates
20 specified in Section 11-1301.1 or a special decal or device
21 as defined in Section 11-1301.2 as evidence that the vehicle
22 is operated by or for a person with disabilities or disabled
23 veteran.
24 This amendatory Act of 1972 is not a prohibition upon the
25 contractual and associational powers granted by Article VII,
26 Section 10 of the Illinois Constitution.
27 (Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98;
28 90-145, eff. 1-1-98; 90-481, eff. 8-17-97; revised 11-14-97.)
29 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
30 Sec. 11-501. Driving while under the influence of
31 alcohol, other drug, or combination of both.
32 (a) A person shall not drive or be in actual physical
33 control of any vehicle within this State while:
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1 (1) the alcohol concentration in the person's blood
2 or breath is 0.08 or more based on the definition of
3 blood and breath units in Section 11-501.2;
4 (2) under the influence of alcohol;
5 (3) under the influence of any other drug or
6 combination of drugs to a degree that renders the person
7 incapable of safely driving;
8 (4) under the combined influence of alcohol and any
9 other drug or drugs to a degree that renders the person
10 incapable of safely driving; or
11 (5) there is any amount of a drug, substance, or
12 compound in the person's blood or urine resulting from
13 the unlawful use or consumption of cannabis listed in the
14 Cannabis Control Act, or a controlled substance listed in
15 the Illinois Controlled Substances Act.
16 (b) The fact that any person charged with violating this
17 Section is or has been legally entitled to use alcohol, or
18 other drugs, or any combination of both, shall not
19 constitute a defense against any charge of violating this
20 Section.
21 (c) Except as provided under paragraphs (c-3) and (d) of
22 this Section, every person convicted of violating this
23 Section or a similar provision of a local ordinance, shall be
24 guilty of a Class A misdemeanor and, in addition to any other
25 criminal or administrative action, for any second conviction
26 of violating this Section or a similar provision of a law of
27 another state or local ordinance committed within 5 years of
28 a previous violation of this Section or a similar provision
29 of a local ordinance shall be mandatorily sentenced to a
30 minimum of 48 consecutive hours of imprisonment or assigned
31 to a minimum of 100 hours of community service as may be
32 determined by the court. Every person convicted of violating
33 this Section or a similar provision of a local ordinance
34 shall be subject to a mandatory minimum fine of $500 and a
HB1268 Enrolled -1044- LRB9000999EGfg
1 mandatory 5 days of community service in a program benefiting
2 children if the person committed a violation of paragraph (a)
3 or a similar provision of a local ordinance while
4 transporting a person under age 16. Every person convicted a
5 second time for violating this Section or a similar provision
6 of a local ordinance within 5 years of a previous violation
7 of this Section or a similar provision of a law of another
8 state or local ordinance shall be subject to a mandatory
9 minimum fine of $500 and 10 days of mandatory community
10 service in a program benefiting children if the current
11 offense was committed while transporting a person under age
12 16. The imprisonment or assignment under this subsection
13 shall not be subject to suspension nor shall the person be
14 eligible for probation in order to reduce the sentence or
15 assignment.
16 (c-1) A person who violates this Section during a period
17 in which his or her driving privileges are revoked or
18 suspended, where the revocation or suspension was for a
19 violation of this Section or Section 11-501.1 shall, unless
20 sentenced to a term of imprisonment in the penitentiary, in
21 addition to any other criminal or administrative action, be
22 sentenced to a minimum term of 30 consecutive days of
23 imprisonment, 40 days of 24 hour periodic imprisonment or 720
24 hours of community service, as may be determined by the
25 court. This mandatory minimum term of imprisonment or
26 assignment of community service shall not be suspended and
27 shall not be subject to reduction by the court.
28 (c-2) (Blank).
29 (c-3) Every person convicted of violating this Section
30 or a similar provision of a local ordinance who had a child
31 under age 16 in the vehicle at the time of the offense shall
32 have his or her punishment under this Act enhanced by 2 days
33 of imprisonment for a first offense, 10 days of imprisonment
34 for a second offense, 30 days of imprisonment for a third
HB1268 Enrolled -1045- LRB9000999EGfg
1 offense, and 90 days of imprisonment for a fourth or
2 subsequent offense, in addition to the fine and community
3 service required under subsection (c) and the possible
4 imprisonment required under subsection (d). The imprisonment
5 or assignment under this subsection shall not be subject to
6 suspension nor shall the person be eligible for probation in
7 order to reduce the sentence or assignment.
8 (d) (1) Every person convicted of committing a violation
9 of this Section shall be guilty of aggravated driving under
10 the influence of alcohol or drugs or a combination of both
11 if:
12 (A) the person committed a violation of this
13 Section, or a similar provision of a law of another state
14 or a local ordinance when the cause of action is the same
15 as or substantially similar to this Section, for the
16 third or subsequent time;
17 (B) the person committed a violation of paragraph
18 (a) while driving a school bus with children on board;
19 (C) the person in committing a violation of
20 paragraph (a) was involved in a motor vehicle accident
21 that resulted in great bodily harm or permanent
22 disability or disfigurement to another, when the
23 violation was a proximate cause of the injuries; or
24 (D) the person committed a violation of paragraph
25 (a) for a second time and has been previously convicted
26 of violating Section 9-3 of the Criminal Code of 1961
27 relating to reckless homicide in which the person was
28 determined to have been under the influence of alcohol or
29 any other drug or drugs as an element of the offense or
30 the person has previously been convicted under
31 subparagraph (C) of this paragraph (1).
32 (2) Aggravated driving under the influence of alcohol or
33 drugs or a combination of both is a Class 4 felony for which
34 a person, if sentenced to a term of imprisonment, shall be
HB1268 Enrolled -1046- LRB9000999EGfg
1 sentenced to not less than one year and not more than 3 years
2 for a violation of subparagraph (A), (B) or (D) of paragraph
3 (1) of this subsection (d) and not less than one year and not
4 more than 12 years for a violation of subparagraph (C) of
5 paragraph (1) of this subsection (d). For any prosecution
6 under this subsection (d), a certified copy of the driving
7 abstract of the defendant shall be admitted as proof of any
8 prior conviction.
9 (e) After a finding of guilt and prior to any final
10 sentencing, or an order for supervision, for an offense based
11 upon an arrest for a violation of this Section or a similar
12 provision of a local ordinance, individuals shall be required
13 to undergo a professional evaluation to determine if an
14 alcohol or other drug abuse problem exists and the extent of
15 the problem. Programs conducting these evaluations shall be
16 licensed by the Department of Human Services. The cost of
17 any professional evaluation shall be paid for by the
18 individual required to undergo the professional evaluation.
19 (f) Every person found guilty of violating this Section,
20 whose operation of a motor vehicle while in violation of this
21 Section proximately caused any incident resulting in an
22 appropriate emergency response, shall be liable for the
23 expense of an emergency response as provided under Section
24 5-5-3 of the Unified Code of Corrections.
25 (g) The Secretary of State shall revoke the driving
26 privileges of any person convicted under this Section or a
27 similar provision of a local ordinance.
28 (h) Every person sentenced under subsection (d) of this
29 Section and who receives a term of probation or conditional
30 discharge shall be required to serve a minimum term of either
31 30 days community service or, beginning July 1, 1993, 48
32 consecutive hours of imprisonment as a condition of the
33 probation or conditional discharge. This mandatory minimum
34 term of imprisonment or assignment of community service shall
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1 not be suspended and shall not be subject to reduction by the
2 court.
3 (i) The Secretary of State shall establish a pilot
4 program to test the effectiveness of ignition interlock
5 device requirements upon individuals who have been arrested
6 for a second or subsequent offense of this Section. The
7 Secretary shall establish by rule and regulation the
8 population and procedures for use of the interlock system.
9 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
10 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
11 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
12 10-24-97.)
13 (625 ILCS 5/11-1301.5)
14 Sec. 11-1301.5. Fictitious or unlawfully altered person
15 with disabilities license plate or parking decal or device.
16 (a) As used in this Section:
17 "Fictitious person with disabilities license plate or
18 parking decal or device" means any issued person with
19 disabilities license plate or parking decal or device that
20 has been issued by the Secretary of State or an authorized
21 unit of local government that was issued based upon false
22 information contained on the required application.
23 "False information" means any incorrect or inaccurate
24 information concerning the name, date of birth, social
25 security number, driver's license number, physician
26 certification, or any other information required on the
27 application for a person with disabilities license plate or
28 parking permit or device that falsifies the content of the
29 application.
30 "Unlawfully altered person with disabilities license
31 plate or parking permit or device" means any person with
32 disabilities license plate or parking permit or device issued
33 by the Secretary of State or an authorized unit of local
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1 government that has been physically altered or changed in
2 such manner that false information appears on the license
3 plate or parking decal or device.
4 "Authorized holder" means an individual issued a person
5 with disabilities license plate under Section 3-616 of this
6 Code or an individual issued a person with disabilities
7 parking decal or device under Section 11-1301.2 of this Code.
8 (b) It is a violation of this Section for any person:
9 (1) to knowingly possess any fictitious or
10 unlawfully altered person with disabilities license plate
11 or parking decal or device;
12 (2) to knowingly issue or assist in the issuance
13 of, by the Secretary of State or unit of local
14 government, any fictitious person with disabilities
15 license plate or parking decal or device;
16 (3) to knowingly alter any person with disabilities
17 license plate or parking decal or device;
18 (4) to knowingly manufacture, possess, transfer, or
19 provide any documentation used in the application process
20 whether real or fictitious, for the purpose of obtaining
21 a fictitious person with disabilities license plate or
22 parking decal or device;
23 (5) to knowingly provide any false information to
24 the Secretary of State or a unit of local government in
25 order to obtain a person with disabilities license plate
26 or parking decal or device; or
27 (6) to knowingly transfer a person with
28 disabilities license plate or parking decal or device for
29 the purpose of exercising the privileges granted to an
30 authorized holder of a person with disabilities license
31 plate or parking decal or device under this Code in the
32 absence of the authorized holder.
33 (c) Sentence.
34 (1) Any person convicted of a violation of this
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1 Section shall be guilty of a Class A misdemeanor.
2 (2) Any person who commits a violation of this
3 Section may have his or her driving privileges suspended
4 or revoked by the Secretary of State for a period of time
5 determined by the Secretary of State.
6 (Source: P.A. 90-106, eff. 1-1-98; revised 8-14-97.)
7 (625 ILCS 5/11-1301.7)
8 Sec. 11-1301.7. 11-1301.5. Appointed volunteers and
9 contracted entities; disabled person parking violations.
10 (a) The chief of police of a municipality and the
11 sheriff of a county authorized to enforce parking laws may
12 appoint volunteers or contract with public or private
13 entities to issue parking violation notices for violations of
14 Section 11-1301.3 or ordinances dealing with parking
15 privileges for persons with disabilities. Volunteers
16 appointed under this Section and any employees of public or
17 private entities that the chief of police or sheriff has
18 contracted with under this Section who are issuing these
19 parking violation notices must be at least 21 years of age.
20 The chief of police or sheriff appointing the volunteers or
21 contracting with public or private entities may establish any
22 other qualifications that he or she deems desirable.
23 (b) The chief of police or sheriff appointing volunteers
24 under this Section shall provide training to the volunteers
25 before authorizing them to issue parking violation notices.
26 (c) A parking violation notice issued by a volunteer
27 appointed under this Section or by a public or private entity
28 that the chief of police or sheriff has contracted with under
29 this Section shall have the same force and effect as a
30 parking violation notice issued by a police officer for the
31 same offense.
32 (d) All funds collected as a result of the payment of
33 the parking violation notices issued under this Section shall
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1 go to the municipality or county where the notice is issued.
2 (e) An appointed volunteer or private or public entity
3 under contract pursuant to this Section is not liable for his
4 or her or its act or omission in the execution or enforcement
5 of laws or ordinances if acting within the scope of the
6 appointment or contract authorized by this Section, unless
7 the act or omission constitutes willful and wanton conduct.
8 (f) Except as otherwise provided by statute, a local
9 government, a chief of police, sheriff, or employee of a
10 police department or sheriff, as such and acting within the
11 scope of his or her employment, is not liable for an injury
12 caused by the act or omission of an appointed volunteer or
13 private or public entity under contract pursuant to this
14 Section. No local government, chief of police, sheriff, or
15 an employee of a local government, police department or
16 sheriff shall be liable for any actions regarding the
17 supervision or direction, or the failure to supervise and
18 direct, an appointed volunteer or private or public entity
19 under contract pursuant to this Section unless the act or
20 omission constitutes willful and wanton conduct.
21 (g) An appointed volunteer or private or public entity
22 under contract pursuant to this Section shall assume all
23 liability for and hold the property owner and his agents and
24 employees harmless from any and all claims of action
25 resulting from the work of the appointed volunteer or public
26 or private entity.
27 (Source: P.A. 90-181, eff. 7-23-97; revised 8-14-97.)
28 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
29 Sec. 12-215. Oscillating, rotating or flashing lights on
30 motor vehicles. Except as otherwise provided in this Code:
31 (a) The use of red or white oscillating, rotating or
32 flashing lights, whether lighted or unlighted, is prohibited
33 except on:
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1 1. Law enforcement vehicles of State, Federal or
2 local authorities;
3 2. A vehicle operated by a police officer or county
4 coroner and designated or authorized by local
5 authorities, in writing, as a law enforcement vehicle;
6 however, such designation or authorization must be
7 carried in the vehicle;
8 3. Vehicles of local fire departments and State or
9 federal firefighting vehicles;
10 4. Vehicles which are designed and used exclusively
11 as ambulances or rescue vehicles; furthermore, such
12 lights shall not be lighted except when responding to an
13 emergency call for and while actually conveying the sick
14 or injured; and
15 5. Tow trucks licensed in a state that requires
16 such lights; furthermore, such lights shall not be
17 lighted on any such tow truck while the tow truck is
18 operating in the State of Illinois.
19 (b) The use of amber oscillating, rotating or flashing
20 lights, whether lighted or unlighted, is prohibited except
21 on:
22 1. Second division vehicles designed and used for
23 towing or hoisting vehicles; furthermore, such lights
24 shall not be lighted except as required in this paragraph
25 1; such lights shall be lighted when such vehicles are
26 actually being used at the scene of an accident or
27 disablement; if the towing vehicle is equipped with a
28 flat bed that supports all wheels of the vehicle being
29 transported, the lights shall not be lighted while the
30 vehicle is engaged in towing on a highway; if the towing
31 vehicle is not equipped with a flat bed that supports all
32 wheels of a vehicle being transported, the lights shall
33 be lighted while the towing vehicle is engaged in towing
34 on a highway during all times when the use of headlights
HB1268 Enrolled -1052- LRB9000999EGfg
1 is required under Section 12-201 of this Code;
2 2. Motor vehicles or equipment of the State of
3 Illinois, local authorities and contractors; furthermore,
4 such lights shall not be lighted except while such
5 vehicles are engaged in maintenance or construction
6 operations within the limits of construction projects;
7 3. Vehicles or equipment used by engineering or
8 survey crews; furthermore, such lights shall not be
9 lighted except while such vehicles are actually engaged
10 in work on a highway;
11 4. Vehicles of public utilities, municipalities, or
12 other construction, maintenance or automotive service
13 vehicles except that such lights shall be lighted only as
14 a means for indicating the presence of a vehicular
15 traffic hazard requiring unusual care in approaching,
16 overtaking or passing while such vehicles are engaged in
17 maintenance, service or construction on a highway;
18 5. Oversized vehicle or load; however, such lights
19 shall only be lighted when moving under permit issued by
20 the Department under Section 15-301 of this Code;
21 6. The front and rear of motorized equipment owned
22 and operated by the State of Illinois or any political
23 subdivision thereof, which is designed and used for
24 removal of snow and ice from highways;
25 7. Fleet safety vehicles registered in another
26 state, furthermore, such lights shall not be lighted
27 except as provided for in Section 12-212 of this Code;
28 8. Such other vehicles as may be authorized by
29 local authorities;
30 9. Law enforcement vehicles of State or local
31 authorities when used in combination with red
32 oscillating, rotating or flashing lights;
33 10. Vehicles used for collecting or delivering mail
34 for the United States Postal Service provided that such
HB1268 Enrolled -1053- LRB9000999EGfg
1 lights shall not be lighted except when such vehicles are
2 actually being used for such purposes;
3 11. Any vehicle displaying a slow-moving vehicle
4 emblem as provided in Section 12-205.1;
5 12. All trucks equipped with self-compactors or
6 roll-off hoists and roll-on containers for garbage or
7 refuse hauling. Such lights shall not be lighted except
8 when such vehicles are actually being used for such
9 purposes;
10 13. Vehicles used by a security company, alarm
11 responder, or control agency, if the security company,
12 alarm responder, or control agency is bound by a contract
13 with a federal, State, or local government entity to use
14 the lights; and
15 14. Security vehicles of the Department of Human
16 Services; however, the lights shall not be lighted except
17 when being used for security related purposes under the
18 direction of the superintendent of the facility where the
19 vehicle is located.
20 (c) The use of blue oscillating, rotating or flashing
21 lights, whether lighted or unlighted is prohibited except:
22 1. On vehicles owned or fully operated by a:
23 voluntary firefighter;
24 paid firefighter;
25 part-paid firefighter;
26 call firefighter;
27 member of the board of trustees of a fire
28 protection district;
29 paid or unpaid member of a rescue squad;
30 paid or unpaid member of a voluntary ambulance
31 unit;
32 rescue squad vehicles not owned by a fire
33 department.
34 However, such lights are not to be lighted except
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1 when responding to a bona fide emergency.
2 2. Police department vehicles in cities having a
3 population of 500,000 or more inhabitants.
4 3. Law enforcement vehicles of State or local
5 authorities when used in combination with red
6 oscillating, rotating or flashing lights.
7 4. Vehicles of local fire departments and State or
8 federal firefighting vehicles when used in combination
9 with red oscillating, rotating or flashing lights.
10 5. Vehicles which are designed and used exclusively
11 as ambulances or rescue vehicles when used in combination
12 with red oscillating, rotating or flashing lights;
13 furthermore, such lights shall not be lighted except when
14 responding to an emergency call.
15 6. Vehicles that are equipped and used exclusively
16 as organ transport vehicles when used in combination with
17 red oscillating, rotating, or flashing lights;
18 furthermore, these lights shall only be lighted when the
19 transportation is declared an emergency by a member of
20 the transplant team or a representative of the organ
21 procurement organization.
22 (d) The use of a combination of amber and white
23 oscillating, rotating or flashing lights, whether lighted or
24 unlighted, is prohibited, except motor vehicles or equipment
25 of the State of Illinois, local authorities and contractors
26 may be so equipped; furthermore, such lights shall not be
27 lighted except while such vehicles are engaged in highway
28 maintenance or construction operations within the limits of
29 highway construction projects.
30 (e) All oscillating, rotating or flashing lights
31 referred to in this Section shall be of sufficient intensity,
32 when illuminated, to be visible at 500 feet in normal
33 sunlight.
34 (f) Nothing in this Section shall prohibit a
HB1268 Enrolled -1055- LRB9000999EGfg
1 manufacturer of oscillating, rotating or flashing lights or
2 his representative from temporarily mounting such lights on a
3 vehicle for demonstration purposes only.
4 (g) Any person violating the provisions of subsections
5 (a), (b), (c) or (d) of this Section who without lawful
6 authority stops or detains or attempts to stop or detain
7 another person shall be guilty of a Class 4 felony.
8 (h) Except as provided in subsection (g) above, any
9 person violating the provisions of subsections (a) or (c) of
10 this Section shall be guilty of a Class A misdemeanor.
11 (Source: P.A. 89-433, eff. 12-15-95; 89-507, eff. 7-1-97;
12 90-330, eff. 8-8-97; 90-347, eff. 1-1-98; revised 10-27-97.)
13 (625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
14 Sec. 12-601. Horns and warning devices.
15 (a) Every motor vehicle when operated upon a highway
16 shall be equipped with a horn in good working order and
17 capable of emitting sound audible under normal conditions
18 from a distance of not less than 200 feet, but no horn or
19 other warning device shall emit an unreasonable loud or harsh
20 sound or a whistle. The driver of a motor vehicle shall when
21 reasonably necessary to insure safe operation give audible
22 warning with his horn but shall not otherwise use such horn
23 when upon a highway.
24 (b) No vehicle shall be equipped with nor shall any
25 person use upon a vehicle any siren, whistle, or bell, except
26 as otherwise permitted in this section. Any authorized
27 emergency vehicle or organ transport vehicle as defined in
28 Chapter 1 of this Act may be equipped with a siren, whistle,
29 or bell, capable of emitting sound audible under normal
30 conditions from a distance of not less than 500 feet, but
31 such siren, whistle or bell, shall not be used except when
32 such vehicle is operated in response to an emergency call or
33 in the immediate pursuit pursuant of an actual or suspected
HB1268 Enrolled -1056- LRB9000999EGfg
1 violator of the law in either of which events the driver of
2 such vehicle shall sound such siren, whistle or bell, when
3 necessary to warn pedestrians and other drivers of the
4 approach thereof.
5 (c) Trackless trolley coaches, as defined by Section
6 1-206 of this Code, and replica trolleys, as defined by
7 Section 1-171.04 of this Code, may be equipped with a bell or
8 bells in lieu of a horn, and may, in addition to the
9 requirements of paragraph (a) of this Section, use a bell or
10 bells for the purpose of indicating arrival or departure at
11 designated stops during the hours of scheduled operation.
12 (Source: P.A. 89-345, eff. 1-1-96; 89-687, eff. 6-1-97;
13 90-347, eff. 1-1-98; revised 12-18-97.)
14 (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
15 Sec. 12-603. Seat safety belts.
16 (a) No person shall sell any 1965 or later model motor
17 vehicle of the first division unless the front seat of such
18 motor vehicle is equipped with 2 sets of seat safety belts.
19 Motorcycles are exempted from the provisions of this Section.
20 (b) No person shall operate any 1965 or later model
21 motor vehicle of the first division that is titled or
22 licensed by the Secretary of State unless the front seat of
23 such motor vehicle is equipped with 2 sets of seat safety
24 belts.
25 (b-5) No person under the age of 18 years shall operate
26 any motor vehicle, except a motor driven cycle or motorcycle,
27 with more than one passenger in the front seat of the motor
28 vehicle and no more passengers in the back seats than the
29 number of available seat safety belts, except that each
30 driver under the age of 18 years operating a second division
31 vehicle having a gross vehicle weight rating of 8,000 pounds
32 or less that contains only a front seat may operate the
33 vehicle with more than one passenger in the front seat,
HB1268 Enrolled -1057- LRB9000999EGfg
1 provided that each passenger is wearing a properly adjusted
2 and fastened seat safety belt.
3 (c) (Blank).
4 (d) The Department shall establish performance
5 specifications for seat safety belts and for the attachment
6 and installation thereof.
7 (Source: P.A. 89-120, eff. 7-7-95; 90-89, eff. 1-1-98;
8 90-369, eff. 1-1-98; revised 10-8-97.)
9 (625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
10 Sec. 15-107. Length of vehicles.
11 (a) Unless otherwise provided for in this Code, no
12 single vehicle, with or without load, other than a
13 semitrailer that is not a housetrailer, shall exceed an
14 overall length of 42 feet.
15 (b) Subject to the provisions of paragraph (f) and
16 unless otherwise provided in this Code, no truck tractor and
17 semitrailer, unladen or with load, except a semitrailer other
18 than a house trailer, shall exceed a length of 55 feet
19 extreme overall dimension, except that the combination when
20 specially designed to transport motor vehicles may have a
21 length of 60 feet extreme overall dimension, subject to those
22 exceptions and special rules otherwise stated in this Code.
23 No other combination of vehicles, unladen or with load, shall
24 exceed a length of 60 feet extreme overall dimension.
25 (c) A truck tractor semitrailer may draw one trailer, or
26 a converter dolly, or a vehicle that is special mobile
27 equipment if the extreme length of the combination does not
28 exceed 60 feet, and a truck in transit may draw 3 trucks in
29 transit coupled together by the triple saddlemount method.
30 Except as otherwise provided, no other combinations of
31 vehicles coupled together shall consist of more than 2
32 vehicles. For the purposes of this paragraph, a tow-dolly
33 that merely serves as substitute wheels for another legally
HB1268 Enrolled -1058- LRB9000999EGfg
1 licensed vehicle will be considered part of the vehicle and
2 not as a separate vehicle.
3 Vehicles in combination, whether being operated
4 intrastate or interstate, shall be operated and towed in
5 compliance with all requirements of Federal Highway
6 Administration, Title 49, C. F. R., Motor Carrier Safety
7 Regulations, pertaining to coupling devices and towing
8 methods and all other equipment safety requirements set forth
9 in the regulations.
10 (d) Notwithstanding any other provisions of this Code,
11 there is no overall length limitation on motor vehicles
12 operating in truck tractor-semitrailer or truck
13 tractor-semitrailer-trailer combinations, except that
14 maxi-cube combinations as defined in this Section, and a
15 combination of vehicles specifically designed to transport
16 motor vehicles or boats, shall not exceed 65 feet overall
17 length, and provided that a stinger steered combination of
18 vehicles specifically designed to transport motor vehicles or
19 boats and a truck in transit transporting 3 trucks coupled
20 together by the triple saddlemount method shall not exceed 75
21 feet overall length, with the length limitations inclusive of
22 front and rear bumpers but exclusive of the overhang of the
23 transported vehicles as provided for in paragraph (i) of this
24 Section, upon the National System of Interstate and Defense
25 Highways or any other highways in the system of State
26 highways that have been designated Class I highways by the
27 Department or any street or highway designated by local
28 authorities or road district commissioners; provided that the
29 length of the semitrailer unit, unladen or with load,
30 operated in a truck tractor-semitrailer combination shall not
31 exceed 53 feet and the distance between the kingpin and the
32 center of the rear axle of a semitrailer longer than 48 feet
33 shall not exceed 45 feet, 6 inches; and provided that the
34 length of any semitrailer or trailer, unladen or with load,
HB1268 Enrolled -1059- LRB9000999EGfg
1 operated in a truck tractor-semitrailer-trailer combination
2 shall not exceed 28 feet 6 inches.
3 The length limitations described in this paragraph (d)
4 shall be exclusive of safety and energy conservation devices,
5 such as rear view mirrors, turn signals, marker lamps, steps
6 and handholds for entry and egress, flexible fender
7 extensions, bumpers, mudflaps and splash and spray
8 suppressant devices, load-induced tire bulge, refrigeration
9 units or air compressors and other devices, that the
10 Department may interpret as necessary for safe and efficient
11 operation; except that no device excluded under this
12 paragraph shall have by its design or use the capability to
13 carry cargo.
14 Vehicles operating under this paragraph (d) shall have
15 access for a distance of one highway mile to or from a Class
16 I highway on any street or highway, unless there is a sign
17 prohibiting the access, or 5 highway miles on a street or
18 highway in the system of State highways, and upon any street
19 or highway designated, without additional fees, by local
20 authorities or road district commissioners, to points of
21 loading and unloading and facilities for food, fuel, repairs
22 and rest. Household goods carriers shall have access to
23 points of loading and unloading.
24 Section 5-35 of the Illinois Administrative Procedure Act
25 relating to procedures for rulemaking shall not apply to the
26 designation of highways under this paragraph (d).
27 (e) In addition to the designation of highways under
28 paragraph (d) the Department may designate other streets or
29 highways in the system of State highways as Class II
30 highways. Notwithstanding any other provisions of this Code,
31 effective June 1, 1996 there is no overall length limitation
32 on motor vehicles operating in truck tractor-semitrailer
33 combinations operating upon designated Class II highways,
34 provided the length of the semitrailer unit, unladen or with
HB1268 Enrolled -1060- LRB9000999EGfg
1 load, operated in a truck tractor-semitrailer combination
2 shall not exceed 53 feet and the distance between the kingpin
3 and the center of the rear axle of a semitrailer longer than
4 48 feet shall not exceed 45 feet, 6 inches. A truck
5 tractor-semitrailer-trailer combination may be operated
6 provided that the wheelbase between the front axle and rear
7 axle shall not exceed 65 feet and the length of any
8 semitrailer or trailer, unladen or with load, in a
9 combination shall not exceed 28 feet 6 inches. Local
10 authorities and road district commissioners with respect to
11 streets and highways under their jurisdiction, may also by
12 ordinance or resolution allow the length limitations of this
13 paragraph (e).
14 A maxi-cube combination, a truck in transit transporting
15 3 trucks coupled together by the triple saddlemount method,
16 and a combination of vehicles specifically designed to
17 transport motor vehicles or boats may operate on the
18 designated streets or highways provided the overall length
19 shall not exceed 65 feet, and provided that a stinger steered
20 combination of vehicles specifically designed to transport
21 motor vehicles or boats shall not exceed 75 feet overall
22 length, with the length limitations inclusive of front and
23 rear bumpers but exclusive of the overhang of the transported
24 vehicles as provided for in paragraph (i) of this Section.
25 The length limitations described in this paragraph (e)
26 shall be exclusive of safety and energy conservation devices,
27 such as rear view mirrors, turn signals, marker lamps, steps
28 and handholds for entry and egress, flexible fender
29 extensions, bumpers, mudflaps and splash and spray
30 suppressant devices, load-induced tire bulge, refrigeration
31 units or air compressors and other devices, that the
32 Department may interpret as necessary for safe and efficient
33 operation; except that no device excluded under this
34 paragraph shall have by its design or use the capability to
HB1268 Enrolled -1061- LRB9000999EGfg
1 carry cargo.
2 Vehicles operating under this paragraph (e) shall have
3 access for a distance of 5 highway miles on a street or
4 highway in the system of State highways, and upon any street
5 or highway designated by local authorities or road district
6 commissioners, to points of loading and unloading and to
7 facilities for food, fuel, repairs and rest. Household goods
8 carriers shall have access to points of loading and
9 unloading.
10 Section 5-35 of the Illinois Administrative Procedure Act
11 relating to procedures for rulemaking shall not apply to the
12 designation of highways under this paragraph (e).
13 (f) On any street or highway in the system of State
14 highways that has not been designated by the Department under
15 paragraph (d) or (e), the wheelbase between the front axle
16 and the rear axle in a truck tractor-semitrailer combination
17 shall not exceed 55 feet or, effective June 1, 1996, no truck
18 tractor and semitrailer, unladen or with load, except a
19 semitrailer other than a house trailer, shall exceed a length
20 of 65 feet between extreme overall dimensions, the length of
21 the semitrailer, unladen or with load, shall not exceed 53
22 feet and the distance between the kingpin and the center of
23 the rear axle of a semitrailer longer than 48 feet shall not
24 exceed 42 feet, 6 inches. On any street or highway in the
25 State system of highways that has not been designated by the
26 Department under paragraph (d) or (e), no truck
27 tractor-semitrailer-trailer combination shall exceed a length
28 of 60 feet extreme overall dimension.
29 (g) Length limitations in the preceding subsections of
30 this Section 15-107 shall not apply to vehicles operated in
31 the daytime, except on Saturdays, Sundays or legal holidays,
32 when transporting poles, pipe, machinery or other objects of
33 a structural nature that cannot readily be dismembered, nor
34 to vehicles transporting those objects operated on Saturdays,
HB1268 Enrolled -1062- LRB9000999EGfg
1 Sundays or legal holidays or at nighttime by a public utility
2 when required for emergency repair of public service
3 facilities or properties, but in respect to the night
4 operation every vehicle and the load thereon shall be
5 equipped with a sufficient number of clearance lamps on both
6 sides and marker lamps upon the extreme ends of any
7 projecting load to clearly mark the dimensions of the load,
8 provided that the overall length of vehicle and load shall
9 not exceed 100 feet and no object exceeding 80 feet in length
10 shall be transported, except by a public utility when
11 required for emergency repairs, unless a permit has first
12 been obtained as authorized in Section 15-301. A combination
13 of vehicles, including a tow truck and a disabled vehicle or
14 disabled combination of vehicles, that exceeds the length
15 restriction imposed by this Code, may be operated on a public
16 highway in this State upon the following conditions:
17 (1) The towing vehicle must be:
18 a. specifically designed as a tow truck having
19 a gross vehicle weight rating of at least 18,000
20 lbs. and equipped with air brakes;
21 b. equipped with flashing, rotating or
22 oscillating amber lights, visible for a least 500
23 feet in all directions; and
24 c. capable of utilizing the lighting and
25 braking systems of the disabled vehicle or
26 combination of vehicles.
27 (2) The towing of vehicles on the highways of this
28 State shall not exceed 50 miles from the initial point of
29 wreck or disablement. Any additional movement of the
30 vehicles shall only occur upon issuance of authorization
31 for that movement under the provisions of Section 15-301
32 through 15-319 of this Chapter.
33 The Department may by rule or regulation prescribe
34 additional requirements regarding length limitations for a
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1 tow truck towing another vehicle.
2 For the purpose of this subsection, gross vehicle weight
3 rating, or GVWR, shall mean the value specified by the
4 manufacturer as the loaded weight of the tow truck. Legal
5 holidays referred to in this Section shall be specified as
6 the day on which the following traditional holidays are
7 celebrated:
8 New Year's Day;
9 Memorial Day;
10 Independence Day;
11 Labor Day;
12 Thanksgiving Day; and
13 Christmas Day.
14 (h) The load upon any vehicle operated alone, or the
15 load upon the front vehicle of a combination of vehicles,
16 shall not extend more than 3 feet beyond the front wheels of
17 the vehicle or the front bumper of the vehicle if it is
18 equipped with a front bumper. The provisions of this
19 subsection (h) shall not apply to any vehicle or combination
20 of vehicles specifically designed for the collection and
21 transportation of waste, garbage, or recyclable materials
22 during the vehicle's operation in the course of collecting
23 garbage, waste, or recyclable materials if the such vehicle
24 is traveling at a speed not in excess of 15 miles per hour
25 during the vehicle's operation and in the course of
26 collecting garbage, waste, or recyclable materials. However,
27 in no instance shall the load extend more than 7 feet beyond
28 the front wheels of the vehicle or the front bumper of the
29 vehicle if it is equipped with a front bumper.
30 (i) The load upon the front vehicle of a combination of
31 vehicles specifically designed to transport motor vehicles
32 shall not extend more than 3 feet beyond the foremost part of
33 the transporting vehicle and the load upon the rear
34 transporting vehicle shall not extend more than 4 feet beyond
HB1268 Enrolled -1064- LRB9000999EGfg
1 the rear of the bed or body of the vehicle. This paragraph
2 shall only be applicable upon highways designated in
3 paragraphs (d) and (e) of this Section.
4 (j) Articulated vehicles comprised of 2 sections,
5 neither of which exceeds a length of 42 feet, designed for
6 the carrying of more than 10 persons, may be up to 60 feet in
7 length, not including energy absorbing bumpers, provided that
8 the vehicles are:
9 1. operated by or for any public body or motor
10 carrier authorized by law to provide public
11 transportation services; or
12 2. operated in local public transportation service
13 by any other person and the municipality in which the
14 service is to be provided approved the operation of the
15 vehicle.
16 (j-1) Charter or regulated route buses may be up to 45
17 feet in length, not including energy absorbing bumpers.
18 (k) Any person who is convicted of violating this
19 Section is subject to the penalty as provided in paragraph
20 (b) of Section 15-113.
21 (l) A combination of 3 vehicles not to exceed 60 feet
22 overall length may be operated on the highways of the State,
23 provided that the vehicles meet the following requirements:
24 (1) The towing vehicle is a properly registered
25 vehicle capable of towing another vehicle using a
26 fifth-wheel type assembly.
27 (2) The second vehicle in the combination of
28 vehicles shall be a recreational vehicle that is towed by
29 a fifth-wheel assembly. This vehicle shall be properly
30 registered and be equipped with brakes regardless of
31 weight.
32 (3) The third vehicle shall be the lightest of the
33 3 vehicles and be a trailer or semi-trailer designed or
34 used for transporting a boat, all-terrain vehicle,
HB1268 Enrolled -1065- LRB9000999EGfg
1 personal watercraft, or motorcycle.
2 (4) The towed vehicles may only be for the use of
3 the operator of the towing vehicle.
4 (5) All vehicles shall be properly equipped with
5 operating brakes and safety equipment required by this
6 Code, except the additional brake requirement in
7 paragraph (2) above.
8 (Source: P.A. 89-219, eff. 1-1-96; 89-434, eff. 6-1-96;
9 89-626, eff. 8-9-96; 90-89, eff. 1-1-98; 90-147, eff.
10 7-23-97; 90-407, eff. 8-15-97; revised 10-8-97.)
11 (625 ILCS 5/15-108) (from Ch. 95 1/2, par. 15-108)
12 Sec. 15-108. Planking edge of a pavement. No tractor,
13 traction engine or of other metal tired vehicle, weighing
14 more than 4 four tons, including the weight of the vehicle
15 and its load, shall drive up onto, off or over the edge of
16 any paved public highway in this State, without protecting
17 such edge by putting down solid planks or other suitable
18 device to prevent such vehicle from breaking off the edges or
19 corners of such pavement.
20 (Source: P.A. 76-1586; revised 12-18-97.)
21 (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
22 Sec. 15-111. Wheel and axle loads and gross weights.
23 (a) 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 when the gross weight on the road
26 surface through any single axle thereof exceeds 18,000
27 pounds, except when a different limit is established and
28 posted in accordance with Section 15-316 and except any
29 single axle of a 2 axle motor vehicle weighing 36,000 pounds
30 or less and not a part of a combination of vehicles, shall
31 not exceed 20,000 pounds. Provided, however, that any single
32 axle of a 2 axle motor vehicle equipped with a personnel lift
HB1268 Enrolled -1066- LRB9000999EGfg
1 or digger derrick, weighing 36,000 pounds or less, owned and
2 operated by a public utility, shall not exceed 20,000 pounds.
3 No vehicle or combination of vehicles equipped with other
4 than pneumatic tires shall be operated, unladen or with load,
5 upon the highways of this State when the gross weight on the
6 road surface through any wheel thereof exceeds 800 pounds per
7 inch width of tire tread or when the gross weight on the road
8 surface through any axle thereof exceeds 16,000 pounds. The
9 gross weight transmitted to the road surface through tandem
10 axles shall not exceed 32,000 pounds and no axle of the
11 series shall exceed the maximum weight permitted under this
12 Section for a single axle. Provided that on a 4 axle vehicle
13 or on a 5 or more axle combination of vehicles the weight on
14 a series of 3 axles whose centers are more than 96 inches
15 apart, measured between extreme axles in the series, shall
16 not exceed those allowed on 3 axles in the table contained in
17 subsection (f) of this Section and no axle or tandem axle of
18 the series shall exceed the maximum weight permitted under
19 this Section for a single or tandem axle. Provided also that
20 a 3 axle vehicle or 3 axle truck mixer registered as a
21 Special Hauling Vehicle, used exclusively for the mixing and
22 transportation of concrete, specially equipped with a road
23 surface engaging mixer trailing 4th axle, manufactured
24 prior to or in the model year of 2004 and first registered in
25 Illinois prior to January 1, 2005, with a distance greater
26 than 72 inches but not more than 96 inches between any series
27 of 2 axles may transmit to the road surface a maximum weight
28 of 18,000 pounds on each of these axles with a gross weight
29 on these 2 axles not to exceed 36,000 pounds. Any such
30 vehicle manufactured in the model year of 2004 or thereafter
31 or first registered in Illinois after December 31, 2004 may
32 transmit to the road surface a maximum of 32,000 pounds
33 through these 2 axles and none of the axles shall exceed
34 18,000 pounds.
HB1268 Enrolled -1067- LRB9000999EGfg
1 A truck, not in combination and specially equipped with a
2 selfcompactor, or an industrial roll-off hoist and roll-off
3 container, used exclusively for garbage or refuse operations,
4 and a truck used exclusively for the collection of rendering
5 materials may, however, when laden, transmit upon the road
6 surface of any highway except when part of the National
7 System of Interstate and Defense Highways, a gross weight
8 upon a single axle not more than 22,000 pounds, and upon a
9 tandem axle not more than 40,000 pounds. When unladen,
10 however, those trucks shall comply with the axle limitations
11 applicable to all other trucks.
12 A 2 axle truck specially equipped with a front loading
13 compactor used exclusively for garbage, refuse, or recycling
14 may transmit 20,000 pounds per axle provided that the gross
15 weight of the vehicle does not exceed 40,000 pounds.
16 (b) The gross weight of vehicles and combination of
17 vehicles including the weight of the vehicle or combination
18 and its maximum load shall be subject to the foregoing
19 limitations and further shall not exceed the following gross
20 weights dependent upon the number of axles and distance
21 between extreme axles of the vehicle or combination measured
22 longitudinally to the nearest foot.
23 VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
24 VEHICLES OR COMBINATIONS
25 HAVING 3 AXLES
26 With Tandem With or
27 Axles Without
28 Tandem Axles
29 Minimum Minimum
30 distance to Maximum distance to Maximum
31 nearest foot Gross nearest foot Gross
32 between Weight between Weight
33 extreme axles (pounds) extreme axles (pounds)
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1 10 feet 41,000 16 feet 46,000
2 11 42,000 17 47,000
3 12 43,000 18 47,500
4 13 44,000 19 48,000
5 14 44,500 20 49,000
6 15 45,000 21 feet or more 50,000
7 VEHICLES OR COMBINATIONS
8 HAVING 4 AXLES
9 Minimum Minimum
10 distance to Maximum distance to Maximum
11 nearest foot Gross nearest foot Gross
12 between Weight between Weight
13 extreme axles (pounds) extreme axles (pounds)
14 15 feet 50,000 26 feet 57,500
15 16 50,500 27 58,000
16 17 51,500 28 58,500
17 18 52,000 29 59,500
18 19 52,500 30 60,000
19 20 53,500 31 60,500
20 21 54,000 32 61,500
21 22 54,500 33 62,000
22 23 55,500 34 62,500
23 24 56,000 35 63,500
24 25 56,500 36 feet or more 64,000
25 In applying the above table to a vehicle having more than
26 4 axles that is not in combination, only 4 axles shall be
27 considered in determining the maximum gross weights.
28 COMBINATIONS HAVING 5 OR MORE AXLES
29 Minimum distance to Maximum
30 nearest foot between Gross Weight
31 extreme axles (pounds)
32 42 feet or less 72,000
33 43 73,000
34 44 feet or more 73,280
HB1268 Enrolled -1069- LRB9000999EGfg
1 VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
2 TRUCKS EQUIPPED WITH SELFCOMPACTORS
3 OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
4 OR REFUSE HAULS ONLY AND TRUCKS USED FOR
5 THE COLLECTION OF RENDERING MATERIALS
6 On Highway Not Part of National System
7 of Interstate and Defense Highways
8 with 2 axles 36,000 pounds
9 with 3 axles 54,000 pounds
10 TWO AXLE TRUCKS EQUIPPED WITH
11 A FRONT LOADING COMPACTOR USED EXCLUSIVELY
12 FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
13 with 2 axles 40,000 pounds
14 (c) Cities having a population of more than 50,000 may
15 permit by ordinance axle loads on 2 axle motor vehicles 33
16 1/2% above those provided for herein, but the increase shall
17 not become effective until the city has officially notified
18 the Department of the passage of the ordinance and shall not
19 apply to those vehicles when outside of the limits of the
20 city, nor shall the gross weight of any 2 axle motor vehicle
21 operating over any street of the city exceed 40,000 pounds.
22 (d) Weight limitations shall not apply to vehicles
23 (including loads) operated by a public utility when
24 transporting equipment required for emergency repair of
25 public utility facilities or properties or water wells.
26 A combination of vehicles, including a tow truck and a
27 disabled vehicle or disabled combination of vehicles, that
28 exceeds the weight restriction imposed by this Code, may be
29 operated on a public highway in this State provided that
30 neither the disabled vehicle nor any vehicle being towed nor
31 the tow truck itself shall exceed the weight limitations
32 permitted under this Chapter. During the towing operation,
33 neither the tow truck nor the vehicle combination shall
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1 exceed the following axle weight limitations:
2 A. 24,000 pounds - Single rear axle;
3 B. 44,000 pounds - Tandem rear axle;
4 Gross weight limits shall not apply to the combination of
5 the tow truck and vehicles being towed. The tow truck
6 license plate must cover the operating empty weight of the
7 tow truck only. The weight of each vehicle being towed shall
8 be covered by a valid license plate issued to the owner or
9 operator of the vehicle being towed and displayed on that
10 vehicle. If no valid plate issued to the owner or operator of
11 that vehicle is displayed on that vehicle, or the plate
12 displayed on that vehicle does not cover the weight of the
13 vehicle, the weight of the vehicle shall be covered by the
14 third tow truck plate issued to the owner or operator of the
15 tow truck and temporarily affixed to the vehicle being towed.
16 In addition, the following conditions must be met:
17 (1) the towing vehicle must be:
18 a. specifically designed as a tow truck having
19 a gross vehicle weight rating of at least 18,000
20 lbs. and equipped with air brakes provided that air
21 brakes shall be required only if the towing vehicle
22 is towing a vehicle, semitrailer, or tractor-trailer
23 combination that is equipped with airbrakes;
24 b. equipped with flashing, rotating or
25 oscillating amber lights, visible for at least 500
26 feet in all directions; and
27 c. capable of utilizing the lighting and
28 braking systems of the disabled vehicle or
29 combination of vehicles.
30 (2) The towing of the vehicles on the highways of
31 this State shall not exceed 20 miles from the initial
32 point of wreck or disablement. Any additional movement of
33 the vehicles shall only occur upon issuance of
34 authorization for that movement under the provisions of
HB1268 Enrolled -1071- LRB9000999EGfg
1 Sections 15-301 through 15-319 of this Chapter.
2 The Department may by rule or regulation prescribe
3 additional requirements. However, nothing in this Code shall
4 prohibit a tow truck under instructions of a police officer
5 from legally clearing a disabled vehicle, that may be in
6 violation of weight limitations of this Chapter, from the
7 roadway to the berm or shoulder of the highway.
8 For the purpose of this subsection, gross vehicle weight
9 rating, or GVWR, shall mean the value specified by the
10 manufacturer as the loaded weight of the tow truck.
11 (e) No vehicle or combination of vehicles equipped with
12 pneumatic tires shall be operated, unladen or with load, upon
13 the highways of this State in violation of the provisions of
14 any permit issued under the provisions of Sections 15-301
15 through 15-319 of this Chapter.
16 (f) Notwithstanding any other provision in this Code,
17 except for those provisions of subsection (d) of this Section
18 relating to emergency operations of public utilities and tow
19 trucks while actually engaged in the towing of a disabled
20 vehicle, and those vehicles for which the Department issues
21 overweight permits under authority of Section 15-301 of this
22 Code, the weight limitations contained in this subsection
23 shall apply to the National System of Interstate and Defense
24 Highways and other highways in the system of State highways
25 that have been designated by the Department as Class I, II,
26 or III. No vehicle shall be operated on the highways with a
27 weight in excess of 20,000 pounds carried on any one axle or
28 with a tandem axle weight in excess of 34,000 pounds, or a
29 gross weight in excess of 80,000 pounds for vehicle
30 combinations of 5 axles or more, or a gross weight on a group
31 of 2 or more consecutive axles in excess of that weight
32 produced by the application of the following formula:
33 W = 500 times the sum of (LN divided by N-1) + 12N + 36
34 Where "W" equals overall gross weight on any group of 2 or
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1 more consecutive axles to the nearest 500 pounds; "L" equals
2 the distance measured to the nearest foot between extremes of
3 any group of 2 or more consecutive axles; and "N" equals the
4 number of axles in the group under consideration, except that
5 2 consecutive sets of tandem axles may carry a gross load of
6 34,000 pounds each, provided the overall distance between the
7 first and last axles of the consecutive sets of tandem axles
8 is 36 feet or more. Provided also that a 3-axle vehicle
9 registered as a Special Hauling Vehicle manufactured prior to
10 or in the model year of 2004, and first registered in
11 Illinois prior to January 1, 2005, with a distance greater
12 than 72 inches but not more than 96 inches between the 2 rear
13 axles may transmit to the road surface a maximum weight of
14 18,000 pounds on each of the 2 rear axles with a gross weight
15 on these 2 axles not to exceed 36,000 pounds. Any vehicle
16 registered as a Special Hauling Vehicle manufactured prior to
17 or in the model year of 2004 or thereafter or first
18 registered in Illinois after December 31, 2004, may transmit
19 to the road surface a maximum of 34,000 pounds through the 2
20 rear axles and neither of the rear axles shall exceed 20,000
21 pounds.
22 The above formula when expressed in tabular form results
23 in allowable loads as follows:
24 Distance measured
25 to the nearest
26 foot between the
27 extremes of any Maximum load in pounds
28 group of 2 or carried on any group of
29 more consecutive 2 or more consecutive axles
30 axles
31 feet 2 axles 3 axles 4 axles 5 axles 6 axles
32 4 34,000
33 5 34,000
34 6 34,000
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1 7 34,000
2 8 38,000* 42,000
3 9 39,000 42,500
4 10 40,000 43,500
5 11 44,000
6 12 45,000 50,000
7 13 45,500 50,500
8 14 46,500 51,500
9 15 47,000 52,000
10 16 48,000 52,500 58,000
11 17 48,500 53,500 58,500
12 18 49,500 54,000 59,000
13 19 50,000 54,500 60,000
14 20 51,000 55,500 60,500 66,000
15 21 51,500 56,000 61,000 66,500
16 22 52,500 56,500 61,500 67,000
17 23 53,000 57,500 62,500 68,000
18 24 54,000 58,000 63,000 68,500
19 25 54,500 58,500 63,500 69,000
20 26 55,500 59,500 64,000 69,500
21 27 56,000 60,000 65,000 70,000
22 28 57,000 60,500 65,500 71,000
23 29 57,500 61,500 66,000 71,500
24 30 58,500 62,000 66,500 72,000
25 31 59,000 62,500 67,500 72,500
26 32 60,000 63,500 68,000 73,000
27 33 64,000 68,500 74,000
28 34 64,500 69,000 74,500
29 35 65,500 70,000 75,000
30 36 66,000 70,500 75,500
31 37 66,500 71,000 76,000
32 38 67,500 72,000 77,000
33 39 68,000 72,500 77,500
34 40 68,500 73,000 78,000
HB1268 Enrolled -1074- LRB9000999EGfg
1 41 69,500 73,500 78,500
2 42 70,000 74,000 79,000
3 43 70,500 75,000 80,000
4 44 71,500 75,500
5 45 72,000 76,000
6 46 72,500 76,500
7 47 73,500 77,500
8 48 74,000 78,000
9 49 74,500 78,500
10 50 75,500 79,000
11 51 76,000 80,000
12 52 76,500
13 53 77,500
14 54 78,000
15 55 78,500
16 56 79,500
17 57 80,000
18 *If the distance between 2 axles is 96 inches or less, the 2
19 axles are tandem axles and the maximum load permitted is
20 34,000 pounds, notwithstanding the higher limit resulting
21 from the application of the formula.
22 In applying the above formula to a vehicle having more
23 than 4 axles that is not a combination, only 4 axles shall be
24 considered in determining the maximum gross weight, and for a
25 combination of vehicles having more than 6 axles, only 6
26 axles shall be considered in determining the maximum gross
27 weight.
28 Notwithstanding the above table, 2 consecutive sets of
29 tandem axles may carry a gross weight of 34,000 pounds each
30 if the overall distance between the first and last axles of
31 the consecutive sets of tandem axles is 36 feet or more.
32 Local authorities and road district highway
33 commissioners, with respect to streets and highways under
34 their jurisdiction, without additional fees, may also by
HB1268 Enrolled -1075- LRB9000999EGfg
1 ordinance or resolution allow the weight limitations of this
2 subsection, provided the maximum gross weight on any one axle
3 shall not exceed 20,000 pounds and the maximum gross weight
4 on any tandem axle shall not exceed 34,000 pounds, on
5 designated highways when appropriate regulatory signs giving
6 notice are erected upon the street or highway or portion of
7 any street or highway affected by the ordinance or
8 resolution.
9 Combinations of vehicles, registered as Special Hauling
10 Vehicles that include a semitrailer manufactured prior to or
11 in the model year of 2004, and first registered in Illinois
12 prior to January 1, 2005, having 5 axles with a distance of
13 42 feet or less between extreme axles shall be limited to the
14 weights prescribed in subsections (a) and (b) of this Section
15 and not subject to the bridge formula on the National System
16 of Interstate and Defense Highways and other highways in the
17 system of State highways designated by the Department. For
18 all those combinations of vehicles, that include a
19 semitrailer manufactured after the effective date of this
20 amendatory Act of 1986, the overall distance between the
21 first and last axles of the 2 sets of tandems must be 18 feet
22 6 inches or more. All combinations of vehicles registered as
23 Special Hauling Vehicles that include a semitrailer
24 manufactured prior to or in the model year of 2004 or
25 thereafter or first registered in Illinois after December 31,
26 2004, or that has had its cargo container replaced in its
27 entirety after December 31, 2004, are limited to the gross
28 weight allowed by the above formula.
29 A truck not in combination, equipped with a self
30 compactor or an industrial roll-off hoist and roll-off
31 container, used exclusively for garbage or refuse operations,
32 shall be allowed the weights as prescribed in subsections (a)
33 and (b) of this Section and not subject to the bridge
34 formula, provided they are not operated on a highway that is
HB1268 Enrolled -1076- LRB9000999EGfg
1 part of the Interstate and Defense Highway System.
2 Vehicles operating under this subsection shall have
3 access for a distance of one highway mile to or from a Class
4 I highway on any street or highway, unless there is a sign
5 prohibiting the access, or 5 highway miles to or from either
6 a Class I, II, or III highway on a street or highway included
7 in the system of State highways and upon any street or
8 highway designated by local authorities or road district
9 commissioners to points of loading and unloading and to
10 facilities for food, fuel, repairs and rest.
11 Section 5-35 of the Illinois Administrative Procedure Act
12 relating to procedures for rulemaking shall not apply to the
13 designation of highways under this subsection.
14 (g) No person shall operate a vehicle or combination of
15 vehicles over a bridge or other elevated structure
16 constituting part of a highway with a gross weight that is
17 greater than the maximum weight permitted by the Department,
18 when the structure is sign posted as provided in this
19 Section.
20 (h) The Department upon request from any local authority
21 shall, or upon its own initiative may, conduct an
22 investigation of any bridge or other elevated structure
23 constituting a part of a highway, and if it finds that the
24 structure cannot with safety to itself withstand the weight
25 of vehicles otherwise permissible under this Code the
26 Department shall determine and declare the maximum weight of
27 vehicles that the structures can withstand, and shall cause
28 or permit suitable signs stating maximum weight to be erected
29 and maintained before each end of the structure. No person
30 shall operate a vehicle or combination of vehicles over any
31 structure with a gross weight that is greater than the posted
32 maximum weight.
33 (i) Upon the trial of any person charged with a
34 violation of subsections (g) or (h) of this Section, proof of
HB1268 Enrolled -1077- LRB9000999EGfg
1 the determination of the maximum allowable weight by the
2 Department and the existence of the signs, constitutes
3 conclusive evidence of the maximum weight that can be
4 maintained with safety to the bridge or structure.
5 (Source: P.A. 89-117, eff. 7-7-95; 89-433, eff. 12-15-95;
6 90-89, eff. 1-1-98; 90-330, eff. 8-8-97; revised 10-8-97.)
7 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
8 Sec. 15-301. Permits for excess size and weight.
9 (a) The Department with respect to highways under its
10 jurisdiction and local authorities with respect to highways
11 under their jurisdiction may, in their discretion, upon
12 application and good cause being shown therefor, issue a
13 special permit authorizing the applicant to operate or move a
14 vehicle or combination of vehicles of a size or weight of
15 vehicle or load exceeding the maximum specified in this Act
16 or otherwise not in conformity with this Act upon any highway
17 under the jurisdiction of the party granting such permit and
18 for the maintenance of which the party is responsible.
19 Applications and permits other than those in written or
20 printed form may only be accepted from and issued to the
21 company or individual making the movement. Except for an
22 application to move directly across a highway, it shall be
23 the duty of the applicant to establish in the application
24 that the load to be moved by such vehicle or combination is
25 composed of a single nondivisible object that cannot
26 reasonably be dismantled or disassembled. More than one
27 object may be carried under permit as long as the carriage of
28 the additional object or objects does not cause the size or
29 weight of the vehicle or load to exceed beyond that required
30 for carriage of the single, nondivisible object itself. For
31 the purpose of over length movements, more than one object
32 may be carried side by side as long as the height, width, and
33 weight laws are not exceeded and the cause for the over
HB1268 Enrolled -1078- LRB9000999EGfg
1 length is not due to multiple objects. For the purpose of
2 over height movements, more than one object may be carried as
3 long as the cause for the over height is not due to multiple
4 objects and the length, width, and weight laws are not
5 exceeded. For the purpose of an over width movement, more
6 than one object may be carried as long as the cause for the
7 over width is not due to multiple objects and length, height,
8 and weight laws are not exceeded. No state or local agency
9 shall authorize the issuance of excess size or weight permits
10 for vehicles and loads that are divisible and that can be
11 carried, when divided, within the existing size or weight
12 maximums specified in this Chapter. Any excess size or
13 weight permit issued in violation of the provisions of this
14 Section shall be void at issue and any movement made
15 thereunder shall not be authorized under the terms of the
16 void permit. In any prosecution for a violation of this
17 Chapter when the authorization of an excess size or weight
18 permit is at issue, it is the burden of the defendant to
19 establish that the permit was valid because the load to be
20 moved could not reasonably be dismantled or disassembled, or
21 was otherwise nondivisible.
22 (b) The application for any such permit shall: (1) state
23 whether such permit is requested for a single trip or for
24 limited continuous operation; (2) state if the applicant is
25 an authorized carrier under the Illinois Motor Carrier of
26 Property Law, if so, his certificate, registration or permit
27 number issued by the Illinois Commerce Commission; (3)
28 specifically describe and identify the vehicle or vehicles
29 and load to be operated or moved except that for vehicles or
30 vehicle combinations registered by the Department as provided
31 in Section 15-319 of this Chapter, only the Illinois
32 Department of Transportation's (IDT) registration number or
33 classification need be given; (4) state the routing requested
34 including the points of origin and destination, and may
HB1268 Enrolled -1079- LRB9000999EGfg
1 identify and include a request for routing to the nearest
2 certified scale in accordance with the Department's rules and
3 regulations, provided the applicant has approval to travel on
4 local roads; and (5) state if the vehicles or loads are being
5 transported for hire. No permits for the movement of a
6 vehicle or load for hire shall be issued to any applicant who
7 is required under the Illinois Motor Carrier of Property Law
8 to have a certificate, registration or permit and does not
9 have such certificate, registration or permit.
10 (c) The Department or local authority when not
11 inconsistent with traffic safety is authorized to issue or
12 withhold such permit at its discretion; or, if such permit is
13 issued at its discretion to prescribe the route or routes to
14 be traveled, to limit the number of trips, to establish
15 seasonal or other time limitations within which the vehicles
16 described may be operated on the highways indicated, or
17 otherwise to limit or prescribe conditions of operations of
18 such vehicle or vehicles, when necessary to assure against
19 undue damage to the road foundations, surfaces or structures,
20 and may require such undertaking or other security as may be
21 deemed necessary to compensate for any injury to any roadway
22 or road structure. The Department shall maintain a daily
23 record of each permit issued along with the fee and the
24 stipulated dimensions, weights, conditions and restrictions
25 authorized and this record shall be presumed correct in any
26 case of questions or dispute. The Department shall install an
27 automatic device for recording applications received and
28 permits issued by telephone. In making application by
29 telephone, the Department and applicant waive all objections
30 to the recording of the conversation.
31 (d) The Department shall, upon application in writing
32 from any local authority, issue an annual permit authorizing
33 the local authority to move oversize highway construction,
34 transportation, utility and maintenance equipment over roads
HB1268 Enrolled -1080- LRB9000999EGfg
1 under the jurisdiction of the Department. The permit shall be
2 applicable only to equipment and vehicles owned by or
3 registered in the name of the local authority, and no fee
4 shall be charged for the issuance of such permits.
5 (e) As an exception to paragraph (a) of this Section,
6 the Department and local authorities, with respect to
7 highways under their respective jurisdictions, in their
8 discretion and upon application in writing may issue a
9 special permit for limited continuous operation, authorizing
10 the applicant to move loads of sweet corn, soybeans, corn,
11 wheat, milo, other small grains and ensilage during the
12 harvest season only on a 2 axle single vehicle registered by
13 the Secretary of State with axle loads not to exceed 35%
14 above those provided in Section 15-111. Permits may be issued
15 for a period not to exceed 40 days and moves may be made of a
16 distance not to exceed 25 miles from a field to a specified
17 processing plant over any highway except the National System
18 of Interstate and Defense Highways. All such vehicles shall
19 be operated in the daytime except when weather or crop
20 conditions require emergency operation at night, but with
21 respect to such night operation, every such vehicle with load
22 shall be equipped with flashing amber lights as specified
23 under Section 12-215. Upon a declaration by the Governor that
24 an emergency harvest situation exists, a special permit
25 issued by the Department under this Section shall not be
26 required from September 1 through December 31 during harvest
27 season emergencies, provided that the weight does not exceed
28 20% above the limits provided in Section 15-111. All other
29 restrictions that apply to permits issued under this Section
30 shall apply during the declared time period. With respect to
31 highways under the jurisdiction of local authorities, the
32 local authorities may, at their discretion, waive special
33 permit requirements during harvest season emergencies. This
34 permit exemption shall apply to all vehicles eligible to
HB1268 Enrolled -1081- LRB9000999EGfg
1 obtain permits under this Section, including commercial
2 vehicles in use during the declared time period.
3 (f) The form and content of the permit shall be
4 determined by the Department with respect to highways under
5 its jurisdiction and by local authorities with respect to
6 highways under their jurisdiction. Every permit shall be in
7 written form and carried in the vehicle or combination of
8 vehicles to which it refers and shall be open to inspection
9 by any police officer or authorized agent of any authority
10 granting the permit and no person shall violate any of the
11 terms or conditions of such special permit. Violation of the
12 terms and conditions of the permit shall not be deemed a
13 revocation of the permit; however, any vehicle and load found
14 to be off the route prescribed in the permit shall be held to
15 be operating without a permit. Any off route vehicle and
16 load shall be required to obtain a new permit or permits, as
17 necessary, to authorize the movement back onto the original
18 permit routing. No rule or regulation, nor anything herein
19 shall be construed to authorize any police officer, court, or
20 authorized agent of any authority granting the permit to
21 remove the permit from the possession of the permittee unless
22 the permittee is charged with a fraudulent permit violation
23 as provided in paragraph (i). However, upon arrest for an
24 offense of violation of permit, operating without a permit
25 when the vehicle is off route, or any size or weight offense
26 under this Chapter when the permittee plans to raise the
27 issuance of the permit as a defense, the permittee, or his
28 agent, must produce the permit at any court hearing
29 concerning the alleged offense.
30 If the permit designates and includes a routing to a
31 certified scale, the permitee, while enroute to the
32 designated scale, shall be deemed in compliance with the
33 weight provisions of the permit provided the axle or gross
34 weights do not exceed any of the permitted limits by more
HB1268 Enrolled -1082- LRB9000999EGfg
1 than the following amounts:
2 Single axle 2000 pounds
3 Tandem axle 3000 pounds
4 Gross 5000 pounds
5 (g) The Department is authorized to adopt, amend, and to
6 make available to interested persons a policy concerning
7 reasonable rules, limitations and conditions or provisions of
8 operation upon highways under its jurisdiction in addition to
9 those contained in this Section for the movement by special
10 permit of vehicles, combinations, or loads which cannot
11 reasonably be dismantled or disassembled, including
12 manufactured and modular home sections and portions thereof.
13 All rules, limitations and conditions or provisions adopted
14 in the policy shall have due regard for the safety of the
15 traveling public and the protection of the highway system and
16 shall have been promulgated in conformity with the provisions
17 of the Illinois Administrative Procedure Act. The
18 requirements of the policy for flagmen and escort vehicles
19 shall be the same for all moves of comparable size and
20 weight. When escort vehicles are required, they shall meet
21 the following requirements:
22 (1) All operators shall be 18 years of age or over
23 and properly licensed to operate the vehicle.
24 (2) Vehicles escorting oversized loads more than
25 12-feet wide must be equipped with a rotating or flashing
26 amber light mounted on top as specified under Section
27 12-215.
28 The Department shall establish reasonable rules and
29 regulations regarding liability insurance or self insurance
30 for vehicles with oversized loads promulgated under The
31 Illinois Administrative Procedure Act. Police vehicles may be
32 required for escort under circumstances as required by rules
33 and regulations of the Department.
34 (h) Violation of any rule, limitation or condition or
HB1268 Enrolled -1083- LRB9000999EGfg
1 provision of any permit issued in accordance with the
2 provisions of this Section shall not render the entire permit
3 null and void but the violator shall be deemed guilty of
4 violation of permit and guilty of exceeding any size, weight
5 or load limitations in excess of those authorized by the
6 permit. The prescribed route or routes on the permit are not
7 mere rules, limitations, conditions, or provisions of the
8 permit, but are also the sole extent of the authorization
9 granted by the permit. If a vehicle and load are found to be
10 off the route or routes prescribed by any permit authorizing
11 movement, the vehicle and load are operating without a
12 permit. Any off route movement shall be subject to the size
13 and weight maximums, under the applicable provisions of this
14 Chapter, as determined by the type or class highway upon
15 which the vehicle and load are being operated.
16 (i) Whenever any vehicle is operated or movement made
17 under a fraudulent permit the permit shall be void, and the
18 person, firm, or corporation to whom such permit was granted,
19 the driver of such vehicle in addition to the person who
20 issued such permit and any accessory, shall be guilty of
21 fraud and either one or all persons may be prosecuted for
22 such violation. Any person, firm, or corporation committing
23 such violation shall be guilty of a Class 4 felony and the
24 Department shall not issue permits to the person, firm or
25 corporation convicted of such violation for a period of one
26 year after the date of conviction. Penalties for violations
27 of this Section shall be in addition to any penalties imposed
28 for violation of other Sections of this Act.
29 (j) Whenever any vehicle is operated or movement made in
30 violation of a permit issued in accordance with this Section,
31 the person to whom such permit was granted, or the driver of
32 such vehicle, is guilty of such violation and either, but not
33 both, persons may be prosecuted for such violation as stated
34 in this subsection (j). Any person, firm or corporation
HB1268 Enrolled -1084- LRB9000999EGfg
1 convicted of such violation shall be guilty of a petty
2 offense and shall be fined for the first offense, not less
3 than $50 nor more than $200 and, for the second offense by
4 the same person, firm or corporation within a period of one
5 year, not less than $200 nor more than $300 and, for the
6 third offense by the same person, firm or corporation within
7 a period of one year after the date of the first offense, not
8 less than $300 nor more than $500 and the Department shall
9 not issue permits to the person, firm or corporation
10 convicted of a third offense during a period of one year
11 after the date of conviction for such third offense.
12 (k) Whenever any vehicle is operated on local roads
13 under permits for excess width or length issued by local
14 authorities, such vehicle may be moved upon a State highway
15 for a distance not to exceed one-half mile without a permit
16 for the purpose of crossing the State highway.
17 (l) Notwithstanding any other provision of this Section,
18 the Department, with respect to highways under its
19 jurisdiction, and local authorities, with respect to highways
20 under their jurisdiction, may at their discretion authorize
21 the movement of a vehicle in violation of any size or weight
22 requirement, or both, that would not ordinarily be eligible
23 for a permit, when there is a showing of extreme necessity
24 that the vehicle and load should be moved without unnecessary
25 delay.
26 For the purpose of this subsection, showing of extreme
27 necessity shall be limited to the following: shipments of
28 livestock, hazardous materials, liquid concrete being hauled
29 in a mobile cement mixer, or hot asphalt.
30 (m) Penalties for violations of this Section shall be in
31 addition to any penalties imposed for violating any other
32 Section of this Code.
33 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
34 revised 10-8-97.)
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1 (625 ILCS 5/16-102.5)
2 Sec. 16-102.5. Enforcement by municipality.
3 (a) If a municipality adopts an ordinance similar to
4 subsection (f) of Section 3-413 of this Code, any person that
5 a municipality designates to enforce ordinances regulating
6 the standing or parking of vehicles shall have the authority
7 to enforce the provisions of subsection (f) of Section 3-413
8 of this Code or the similar local ordinance. However, the
9 authority to enforce subsection (f) of Section 3-413 of this
10 Code or a similar local ordinance shall not be given to an
11 appointed volunteer or private or public entity under
12 contract contact to enforce person with disabilities parking
13 laws.
14 (b) To enforce the provisions of subsection (f) of
15 Section 3-413 of this Code or a similar local ordinance, a
16 municipality shall impose a fine not exceeding $25.
17 (Source: P.A. 90-513, eff. 8-22-97; revised 11-17-97.)
18 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
19 Sec. 18b-105. Rules and Regulations.
20 (a) The Department is authorized to make and adopt
21 reasonable rules and regulations and orders consistent with
22 law necessary to carry out the provisions of this Chapter.
23 (b) The following parts of Title 49 of the Code of
24 Federal Regulations, as now in effect, are hereby adopted by
25 reference as though they were set out in full:
26 Part 390-Federal Motor Carrier Safety Regulations:
27 General;
28 Part 391-Qualifications of Drivers;
29 Part 392-Driving of Motor Vehicles;
30 Part 393-Parts and Accessories Necessary for Safe
31 Operation;
32 Part 395-Hours of Service of Drivers; and
33 Part 396-Inspection, Repair and Maintenance.
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1 (c) The following parts and Sections of the Federal
2 Motor Carrier Safety Regulations shall not apply to those
3 intrastate carriers, drivers or vehicles subject to
4 subsection (b).
5 (1) Section 393.93 of Part 393 for those vehicles
6 manufactured before June 30, 1972.
7 (2) Section 393.86 of Part 393 for those vehicles
8 which are registered as farm trucks under subsection (c)
9 of Section 3-815 of The Illinois Vehicle Code.
10 (3) (Blank).
11 (4) (Blank).
12 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
13 (6) All of Part 395 for all agricultural movements
14 as defined in Chapter 1, between the period of February
15 15 through June 30 each year, and all farm to market
16 agricultural transportation as defined in Chapter 1 and
17 for grain hauling operations within a radius of 200 air
18 miles of the normal work reporting location.
19 (7) Paragraphs (b)(3) (insulin dependent diabetic)
20 and (b)(10) (minimum visual acuity) of Section 391.41 of
21 part 391, but only for any driver who immediately prior
22 to July 29, 1986 was eligible and licensed to operate a
23 motor vehicle subject to this Section and was engaged in
24 operating such vehicles, and who was disqualified on July
25 29, 1986 by the adoption of Part 391 by reason of the
26 application of paragraphs (b)(3) and (b)(10) of Section
27 391.41 with respect to a physical condition existing at
28 that time unless such driver has a record of accidents
29 which would indicate a lack of ability to operate a motor
30 vehicle in a safe manner.
31 (d) Intrastate carriers subject to the recording
32 provisions of Section 395.8 of Part 395 of the Federal Motor
33 Carrier Safety Regulations shall be exempt as established
34 under paragraph (1) of Section 395.8; provided, however, for
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1 the purpose of this Code, drivers shall operate within a 150
2 air-mile radius of the normal work reporting location to
3 qualify for exempt status.
4 (e) Regulations adopted by the Department subsequent to
5 those adopted under subsection (b) hereof shall be identical
6 in substance to the Federal Motor Carrier Safety Regulations
7 of the United States Department of Transportation and adopted
8 in accordance with the procedures for rulemaking in Section
9 5-35 of the Illinois Administrative Procedure Act.
10 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
11 revised 10-8-97.)
12 (625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
13 Sec. 18c-3203. Filing, publishing and posting of tariffs
14 and schedules.
15 (1) General requirement of filing, publication and
16 posting. Each common carrier of household goods or passengers
17 shall file, publish, and make available for public inspection
18 its current tariffs (other than rail contract rate tariffs).
19 Copies of such tariffs shall be provided by the carrier to
20 any member of the public on request and at a reasonable cost.
21 Each contract carrier of household goods shall file its
22 current schedule of rates and provisions.
23 (2) Tariff and schedule specifications. Tariffs and
24 schedules filed in accordance with this subsection shall be
25 in such form and contain such information as the Commission
26 may specify. The Commission may, by special permission for
27 good cause shown, grant permission to deviate from its tariff
28 and schedule regulations.
29 (3) Rejection of tariffs and schedules. The Commission
30 may, at any time prior to the effective date of a tariff or
31 schedule, reject or suspend a tariff or schedule which does
32 not conform to its specifications or which on its face is in
33 violation of this Chapter, Commission regulations or orders.
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1 (4) Right of independent action. Each carrier subject
2 to this Chapter shall have the individual right to publish,
3 file, and post any rate for transportation provided by such
4 carrier or in connection with any other carrier.; No carrier
5 shall be a member of any bureau, tariff publishing agency, or
6 other organization which, directly or indirectly, prohibits
7 such carrier from publishing and filing any rate or which
8 requires that such rate be by published or and/or filed by
9 the bureau, publishing agency, or other organization.
10 (Source: P.A. 89-444, eff. 1-25-96; revised 12-18-97.)
11 (625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
12 Sec. 18c-6302. Definitions. The following terms, when
13 used in this Article, shall have the hereinafter designated
14 meanings.
15 (1) "Addition" to service means that the institution of
16 new scheduled service.
17 (2) "Change" in service means a change in the time or
18 times of scheduled service which does not constitute a
19 reduction or discontinuance of service.
20 (3) "Reduction" of service means any reduction in the
21 level of scheduled service which does not constitute
22 discontinuance of the carrier's service.
23 (4) "Discontinuance" of service means total
24 discontinuance of service to any point along a route over
25 which the carrier is authorized to provide service or
26 reduction in the level of service to any such point to less
27 than one round trip per weekday (Monday through Friday).
28 (Source: P.A. 84-796; revised 12-18-97.)
29 (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
30 Sec. 18c-7503. Trespass on Railroad Rights of Way and
31 Yards. (1) Trespass on Rights of Way and Yards Prohibited.
32 (a) General Prohibition. Except as otherwise provided
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1 in paragraph (b) of this subsection, no person may walk,
2 ride, drive or be upon or along the right of way or rail yard
3 of a rail carrier within the State, at a place other than a
4 public crossing.
5 (b) Exceptions. This subsection shall not apply to:
6 (i) passengers on trains or employees of a rail carrier;
7 (ii) an authorized representative of rail carrier
8 employees, while performing required duties in accordance
9 with reasonable rail carrier company guidelines;
10 (iii) a person going upon the right of way or into the
11 rail yard to save human life or to protect property;
12 (iv) a person being on the station grounds or in the
13 depot of the rail carrier for the purpose of transacting
14 business;
15 (v) a person, his family, or his employees or agents
16 going across a farm crossing, as defined in this Chapter, for
17 the purpose of crossing from one part to another part of a
18 farm he owns or leases, where the farm lies on both sides of
19 the right of way;
20 (vi) a person having written permission from the rail
21 carrier to go upon the right of way or into the rail yard;
22 and
23 (vii) representatives of state and federal governmental
24 agencies in performance of their official duties.
25 (2) Penalties. Violation of this Section shall subject
26 the violator to a fine line of not more than $500.
27 (3) Definition. For purposes of this Section, a "right
28 of way" means the track or roadbed owned or leased by a rail
29 carrier which is located on either side of its tracks and
30 which is readily recognizable to a reasonable person as being
31 rail carrier property or is reasonably identified as such by
32 fencing or appropriate signs.
33 (Source: P.A. 84-796; revised 12-18-97.)
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1 Section 154. The Boat Registration and Safety Act is
2 amended by changing Sections 5-16 and 5-19 as follows:
3 (625 ILCS 45/5-16)
4 Sec. 5-16. Operating a watercraft under the influence of
5 alcohol, other drug, or combination thereof.
6 (A) 1. A person shall not operate any watercraft within
7 this State while:
8 (a) The alcohol concentration in such person's
9 blood or breath is a concentration at which driving a
10 motor vehicle is prohibited under subdivision (1) of
11 subsection (a) of Section 11-501 of the Illinois Vehicle
12 Code;
13 (b) Under the influence of alcohol;
14 (c) Under the influence of any other drug or
15 combination of drugs to a degree which renders such
16 person incapable of safely operating any watercraft;
17 (d) Under the combined influence of alcohol and any
18 other drug or drugs to a degree which renders such person
19 incapable of safely operating a watercraft; or
20 (e) There is any amount of a drug, substance, or
21 compound in the person's blood or urine resulting from
22 the unlawful use or consumption of cannabis as defined in
23 the Cannabis Control Act or a controlled substance listed
24 in the Illinois Controlled Substances Act.
25 2. The fact that any person charged with violating this
26 Section is or has been legally entitled to use alcohol, or
27 other drugs, or any combination of both, shall not constitute
28 a defense against any charge of violating this Section.
29 3. Every person convicted of violating this Section
30 shall be guilty of a Class A misdemeanor, except as otherwise
31 provided in this Section.
32 4. Every person convicted of violating this Section
33 shall be guilty of a Class 4 felony if:
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1 (a) He has a previous conviction under this
2 Section; or
3 (b) The offense results in personal injury where a
4 person other than the operator suffers great bodily harm
5 or permanent disability or disfigurement.
6 5. Every person convicted of violating this Section
7 shall be guilty of a Class 3 felony if the offense results in
8 the death of a person.
9 6. (a) In addition to any criminal penalties imposed,
10 the Department of Natural Resources shall suspend the
11 watercraft operation privileges of any person convicted of a
12 misdemeanor under this Section for a period of one year.
13 (b) In addition to any criminal penalties imposed, the
14 Department of Natural Resources shall suspend the watercraft
15 operation privileges of any person convicted of a felony
16 under this Section for a period of 3 years.
17 (B) 1. Any person who operates any watercraft upon the
18 waters of this State shall be deemed to have given consent to
19 a chemical test or tests of blood, breath or urine for the
20 purpose of determining the alcohol, other drug, or
21 combination thereof content of such person's blood if
22 arrested for any offense of subsection (A) above. The test or
23 tests shall be administered at the direction of the arresting
24 officer.
25 2. Any person who is dead, unconscious or who is
26 otherwise in a condition rendering such person incapable of
27 refusal, shall be deemed not to have withdrawn the consent
28 provided above.
29 3. A person requested to submit to a test as provided
30 above shall be verbally advised by the law enforcement
31 officer requesting the test that a refusal to submit to the
32 test will result in suspension of such person's privilege to
33 operate a watercraft. Following this warning, if a person
34 under arrest refuses upon the request of a law enforcement
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1 officer to submit to a test designated by the officer, none
2 shall be given, but the law enforcement officer shall file
3 with the clerk of the circuit court for the county in which
4 the arrest was made, a sworn statement naming the person
5 refusing to take and complete the test or tests requested
6 under the provisions of this Section. Such sworn statement
7 shall identify the arrested person, such person's current
8 residence address and shall specify that a refusal by such
9 person to take the test or tests was made. Such sworn
10 statement shall include a statement that the arresting
11 officer had reasonable cause to believe the person was
12 operating the watercraft within this State while under the
13 influence of alcohol, other drug, or combination thereof and
14 that such test or tests were made as an incident to and
15 following the lawful arrest for an offense as defined in this
16 Section or a similar provision of a local ordinance, and that
17 the person after being arrested for an offense arising out of
18 acts alleged to have been committed while so operating a
19 watercraft refused to submit to and complete a test or tests
20 as requested by the law enforcement officer.
21 The clerk shall thereupon notify such person in writing
22 that the person's privilege to operate a watercraft will be
23 suspended unless, within 28 days from the date of mailing of
24 the notice, such person shall request in writing a hearing
25 thereon; if the person desires a hearing, such person shall
26 file a complaint in the circuit court for and in the county
27 in which such person was arrested for such hearing. Such
28 hearing shall proceed in the court in the same manner as
29 other civil proceedings, shall cover only the issues of
30 whether the person was placed under arrest for an offense as
31 defined in this Section or a similar provision of a local
32 ordinance as evidenced by the issuance of a uniform citation;
33 whether the arresting officer had reasonable grounds to
34 believe that such person was operating a watercraft while
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1 under the influence of alcohol, other drug, or combination
2 thereof; and whether such person refused to submit and
3 complete the test or tests upon the request of the law
4 enforcement officer. Whether the person was informed that
5 such person's privilege to operate a watercraft would be
6 suspended if such person refused to submit to the test or
7 tests shall not be an issue.
8 If the court finds against the person on the issues
9 before the court, the clerk shall immediately notify the
10 Department of Natural Resources of the court's decision, and
11 the Department shall suspend the watercraft operation
12 privileges of the person for at least 2 years.
13 4. A person must submit to each test offered by the law
14 enforcement officer in order to comply with the implied
15 consent provisions of this Section.
16 5. The provisions of Section 11-501.2 of the Illinois
17 Vehicle Code, as amended, concerning the certification and
18 use of chemical tests apply to the use of such tests under
19 this Section.
20 (C) Upon the trial of any civil or criminal action or
21 proceeding arising out of acts alleged to have been committed
22 by any person while operating a watercraft while under the
23 influence of alcohol, the concentration of alcohol in the
24 person's blood or breath at the time alleged as shown by
25 analysis of a person's blood, urine, breath, or other bodily
26 substance shall give rise to the presumptions specified in
27 subdivisions 1, 2, and 3 of subsection (b) of Section
28 11-501.2 of the Illinois Vehicle Code. The foregoing
29 provisions of this subsection (C) shall not be construed as
30 limiting the introduction of any other relevant evidence
31 bearing upon the question whether the person was under the
32 influence of alcohol.
33 (D) If a person under arrest refuses to submit to a
34 chemical test under the provisions of this Section, evidence
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1 of refusal shall be admissible in any civil or criminal
2 action or proceeding arising out of acts alleged to have been
3 committed while the person under the influence of alcohol, or
4 other drugs, or combination of both was operating a
5 watercraft.
6 (E) The owner of any watercraft or any person given
7 supervisory authority over a watercraft, may not knowingly
8 permit a watercraft to be operated by any person under the
9 influence of alcohol, other drug, or combination thereof.
10 (F) Whenever any person is convicted of a violation of
11 this Section, the court shall notify the Division of Law
12 Enforcement of the Department of Natural Resources, to
13 provide the Department with the records essential for the
14 performance of the Department's duties to monitor and enforce
15 any order of suspension or revocation concerning the
16 privilege to operate a watercraft.
17 (G) No person who has been arrested and charged for
18 violating paragraph 1 of subsection (A) of this Section shall
19 operate any watercraft within this State for a period of 6
20 hours after such arrest.
21 (Source: P.A. 89-445, eff. 2-7-96; 90-215, eff. 1-1-98;
22 revised 10-9-97.)
23 (625 ILCS 45/5-19) (from Ch. 95 1/2, par. 315-14)
24 Sec. 5-19. Skin diving.
25 (A) 1. No person may engage in underwater diving or
26 swimming with the use of swimming fins or skin diving in
27 waters other than marked swimming areas or within 150 feet of
28 shoreline.
29 2. No person may engage in underwater diving or swimming
30 with the use of self-contained underwater breathing apparatus
31 in waters other than marked swimming areas, unless the
32 location of such diving or swimming is distinctly marked by a
33 diver's flag, not less than 12 inches high and 15 inches
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1 long, displaying one diagonal white stripe 3 inches wide on a
2 red background, and of a height above the water so as to be
3 by clearly apparent at a distance of 100 yards under normal
4 conditions, and so designed and displayed as to be visible
5 from any point on the horizon.
6 3. Except in case of emergency, anyone engaging in such
7 diving or swimming shall not rise to the surface outside of a
8 radius of 50 feet from such flag.
9 4. No person engaged in such diving or swimming shall
10 interfere with the operation of anyone fishing, nor engage in
11 such diving or swimming in established traffic lanes; nor
12 shall any person acting alone, or with another, intentionally
13 or unintentionally block or obstruct any boat in any manner
14 from proceeding to its destination where a reasonable
15 alternative is unavailable. A reasonable alternative route
16 is available when the otherwise unobstructed boat can proceed
17 to its destination without reducing its lawful speed, by
18 passing to the right or to the left of a marked diving
19 operation.
20 (B) An alternate flag recognized and approved by the
21 United States Coast Guard may be substituted for the flag
22 required in subsection (A)2 of this Section.
23 (C) No watercraft shall be operated within 150 feet of a
24 diving flag except for watercraft directly associated with
25 that diving activity.
26 (Source: P.A. 87-895; revised 12-18-97.)
27 Section 155. The Clerks of Courts Act is amended by
28 setting forth and renumbering multiple versions of Section
29 27.7 as follows:
30 (705 ILCS 105/27.7)
31 Sec. 27.7. Children's waiting room. The expense of
32 establishing and maintaining a children's waiting room for
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1 children whose parents or guardians are attending a court
2 hearing as a litigant, witness, or for other court purposes
3 as determined by the court may be borne by the county. To
4 defray that expense in any county having established a
5 children's waiting room or that elects to establish such a
6 system, the county board may require the clerk of the circuit
7 court in the county to charge and collect a children's
8 waiting room fee of not more than $5. The fee shall be paid
9 at the time of filing the first pleading, paper, or other
10 appearance filed by each party in all civil cases. No
11 additional fee shall be required if more than one party is
12 presented in a single pleading, paper, or other appearance.
13 The fee shall be collected in the manner in which all other
14 fees or costs are collected.
15 Each clerk shall commence the charges and collection upon
16 receipt of written notice from the chairman of the county
17 board together with a certified copy of the board's
18 resolution. The clerk shall file the resolution of record in
19 his or her office.
20 The fees shall be in addition to all other fees and
21 charges of the clerks, shall be assessable as costs, and may
22 be waived only if the judge specifically provides for the
23 waiver of the children's waiting room fee. The fees shall be
24 remitted monthly by the clerk to the county treasurer, to be
25 retained by the treasurer in a special fund designated as the
26 children's waiting room fund. The fund shall be audited by
27 the county auditor, and the county board shall make
28 expenditure from the fund in payment of any cost related to
29 the establishment and maintenance of the children's waiting
30 room, including personnel, heat, light, telephone, security,
31 rental of space, or any other item in connection with the
32 operation of a children's waiting room.
33 The fees shall not be charged in any matter coming to the
34 clerk on a change of venue, nor in any proceeding to review
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1 the decision of any administrative officer, agency, or body.
2 (Source: P.A. 89-717, eff. 1-1-98; 90-117, eff. 1-1-98.)
3 (705 ILCS 105/27.8)
4 Sec. 27.8. 27.7. Annual audit.
5 (a) Beginning with fiscal years ending in 1999 and all
6 fiscal years thereafter, in addition to any other audits
7 required by law, the county board of each county shall cause
8 an audit of the office of the circuit clerk to be made
9 annually at the close of the county's fiscal year by a
10 licensed public accountant. The county auditor and his or
11 her staff may assist with the audit. The audit shall consist
12 of a letter report that expresses an opinion on the financial
13 statements of the circuit clerk, a letter report that
14 expresses an opinion on internal controls of the circuit
15 clerk, a letter report on the circuit clerk's compliance with
16 applicable statutes, rules, and procedures relating to
17 assessment, collection, and distribution of funds, including
18 the timeliness of those actions, any documentation or
19 statements necessary to support the findings and opinions of
20 the auditors, and any supplemental schedules or other
21 documents required by the audit guidelines. A listing of
22 applicable legal requirements shall be compiled by the
23 Administrative Office of the Illinois Courts and made
24 available to auditors for their compliance testing.
25 The county board may include additional requirements in
26 the audit.
27 (b) The audits shall be completed in accordance with
28 generally accepted government auditing standards and
29 generally accepted auditing standards. The audit shall be
30 completed within 6 months after the end of the fiscal year.
31 The county board may grant an extension of up to 6 months for
32 the completion of the audit.
33 (c) The expenses of conducting and filing the audit
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1 shall be paid by the county from the circuit clerk's
2 appropriations, and the county board shall make provisions
3 for the payment unless another person or entity agrees, in
4 writing, to pay the expenses.
5 (d) The audit shall be filed with the Administrative
6 Office of the Illinois Courts, the State Comptroller, the
7 circuit clerk, and the county board within one month after
8 the completion of the audit.
9 (e) The Administrative Office of the Illinois Courts
10 shall disseminate auditing guidelines to the county boards
11 and the circuit clerks. The Auditor General's Office shall
12 update, with the assistance of the Administrative Office of
13 the Illinois Courts, the auditing guidelines as necessary
14 from time to time. Revised guidelines shall be available to
15 the Administrative Office of the Illinois Courts for
16 dissemination to the county boards and the circuit clerks.
17 (f) The auditing requirements of this Section may be
18 included in the audit required by Section 6-31003 of the
19 Counties Code.
20 (g) This Section is intended to require a comprehensive
21 audit of the circuit clerks and to eliminate duplicative
22 audits of the circuit clerk. The audit performed under this
23 Section shall be available, upon request, to the public.
24 (Source: P.A. 90-350, eff. 1-1-98; revised 11-19-97.)
25 (705 ILCS 105/27.9)
26 Sec. 27.9. 27.7. Frivolous lawsuits filed by prisoners.
27 (a) The fees of the clerks of the circuit court shall
28 not be waived for a petitioner who is a prisoner in an
29 Illinois Department of Corrections facility who files a
30 pleading, motion, or other filing which purports to be a
31 legal document in a lawsuit seeking post-conviction relief
32 under Article 122 of the Code of Criminal Procedure of 1963,
33 pursuant to Section 116-3 of the Code of Criminal Procedure
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1 of 1963, or in a habeas corpus action under Article X of the
2 Code of Civil Procedure and the defendant is the State, the
3 Illinois Department of Corrections, or the Prisoner Review
4 Board or any of their officers or employees, and the court
5 makes a specific finding that the pleading, motion, or other
6 filing which purports to be a legal document is frivolous.
7 (b) "Frivolous" means that a pleading, motion, or other
8 filing which purports to be a legal document filed by a
9 prisoner in his or her lawsuit meets any or all of the
10 following criteria:
11 (1) it lacks an arguable basis either in law or in
12 fact;
13 (2) it is being presented for any improper purpose,
14 such as to harass or to cause unnecessary delay or
15 needless increase in the cost of litigation;
16 (3) the claims, defenses, and other legal
17 contentions therein are not warranted by existing law or
18 by a nonfrivolous argument for the extension,
19 modification, or reversal of existing law or the
20 establishment of new law;
21 (4) the allegations and other factual contentions
22 do not have evidentiary support or, if specifically so
23 identified, are not likely to have evidentiary support
24 after a reasonable opportunity for further investigation
25 or discovery; or
26 (5) the denials of factual contentions are not
27 warranted on the evidence, or if specifically so
28 identified, are not reasonably based on a lack of
29 information or belief.
30 (Source: P.A. 90-505, eff. 8-19-97; revised 11-19-97.)
31 Section 156. The Juvenile Court Act of 1987 is amended
32 by changing Sections 1-3, 1-8, 2-10, 2-14, 2-22, 2-23, 2-25,
33 2-27, 2-28, 2-28.01, 2-28.1, 2-31, 3-26, 3-33, 4-23, and 6-9
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1 as follows:
2 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
3 Sec. 1-3. Definitions. Terms used in this Act, unless
4 the context otherwise requires, have the following meanings
5 ascribed to them:
6 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
7 hearing to determine whether the allegations of a petition
8 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
9 of age is abused, neglected or dependent, or requires
10 authoritative intervention, or addicted, respectively, are
11 supported by a preponderance of the evidence or whether the
12 allegations of a petition under Section 5-13 that a minor is
13 delinquent are proved beyond a reasonable doubt.
14 (2) Adult. "Adult" means a person 21 years of age or
15 older.
16 (3) Agency. "Agency" means a public or private child
17 care facility legally authorized or licensed by this State
18 for placement or institutional care or for both placement and
19 institutional care.
20 (4) Association. "Association" means any organization,
21 public or private, engaged in welfare functions which include
22 services to or on behalf of children but does not include
23 "agency" as herein defined.
24 (4.05) Best Interests. Whenever a "best interest"
25 determination is required, the following factors shall be
26 considered in the context of the child's age and
27 developmental needs:
28 (a) the physical safety and welfare of the child,
29 including food, shelter, health, and clothing;
30 (b) the development of the child's identity;
31 (c) the child's background and ties, including familial,
32 racial, cultural, and religious;
33 (d) the child's sense of attachments, including:
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1 (i) where the child actually feels love,
2 attachment, and a sense of being valued (as opposed to
3 where adults believe the child should feel such love,
4 attachment, and a sense of being valued);
5 (ii) the child's sense of security;
6 (iii) the child's sense of familiarity;
7 (iv) continuity of affection for the child;
8 (v) the least disruptive placement alternative for
9 the child;
10 (e) the child's wishes and long-term goals;
11 (f) the child's community ties, including church,
12 school, and friends;
13 (g) permanence for the child;
14 (h) the uniqueness of every family and child;
15 (i) the risks attendant to entering and being in
16 substitute care; and
17 (j) the preferences of the persons available to care for
18 the child.
19 (4.1) Chronic truant. "Chronic truant" shall have the
20 definition ascribed to it in Section 26-2a of the School
21 Code.
22 (5) Court. "Court" means the circuit court in a session
23 or division assigned to hear proceedings under this Act.
24 (6) Dispositional hearing. "Dispositional hearing" means
25 a hearing to determine whether a minor should be adjudged to
26 be a ward of the court, and to determine what order of
27 disposition should be made in respect to a minor adjudged to
28 be a ward of the court.
29 (7) Emancipated minor. "Emancipated minor" means any
30 minor 16 years of age or over who has been completely or
31 partially emancipated under the "Emancipation of Mature
32 Minors Act", enacted by the Eighty-First General Assembly, or
33 under this Act.
34 (8) Guardianship of the person. "Guardianship of the
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1 person" of a minor means the duty and authority to act in the
2 best interests of the minor, subject to residual parental
3 rights and responsibilities, to make important decisions in
4 matters having a permanent effect on the life and development
5 of the minor and to be concerned with his or her general
6 welfare. It includes but is not necessarily limited to:
7 (a) the authority to consent to marriage, to
8 enlistment in the armed forces of the United States, or
9 to a major medical, psychiatric, and surgical treatment;
10 to represent the minor in legal actions; and to make
11 other decisions of substantial legal significance
12 concerning the minor;
13 (b) the authority and duty of reasonable
14 visitation, except to the extent that these have been
15 limited in the best interests of the minor by court
16 order;
17 (c) the rights and responsibilities of legal
18 custody except where legal custody has been vested in
19 another person or agency; and
20 (d) the power to consent to the adoption of the
21 minor, but only if expressly conferred on the guardian in
22 accordance with Section 2-29, 3-30, 4-27 or 5-31.
23 (9) Legal custody. "Legal custody" means the
24 relationship created by an order of court in the best
25 interests of the minor which imposes on the custodian the
26 responsibility of physical possession of a minor and the duty
27 to protect, train and discipline him and to provide him with
28 food, shelter, education and ordinary medical care, except as
29 these are limited by residual parental rights and
30 responsibilities and the rights and responsibilities of the
31 guardian of the person, if any.
32 (10) Minor. "Minor" means a person under the age of 21
33 years subject to this Act.
34 (11) Parents. "Parent" means the father or mother of a
HB1268 Enrolled -1103- LRB9000999EGfg
1 child and includes any adoptive parent. It also includes the
2 father whose paternity is presumed or has been established
3 under the law of this or another jurisdiction. It does not
4 include a parent whose rights in respect to the minor have
5 been terminated in any manner provided by law.
6 (11.1) "Permanency goal" means a goal set by the court
7 as defined in subdivision (2)(c) of Section 2-28 or
8 subsection (c) of Section 2-28.01 or in counties with a
9 population of 3,000,000 or more, a goal ordered by a judge.
10 (11.2) "Permanency hearing" means a hearing to review
11 and determine (i) the appropriateness of the permanency goal,
12 (ii) the appropriateness of the services contained in the
13 plan and whether those services have been provided, (iii)
14 whether reasonable efforts have been made by all the parties
15 to the service plan to achieve the goal, and (iv) whether the
16 plan and goal have been achieved.
17 (12) Petition. "Petition" means the petition provided
18 for in Section 2-13, 3-15, 4-12 or 5-13, including any
19 supplemental petitions thereunder in Section 3-15, 4-12 or
20 5-13.
21 (13) Residual parental rights and responsibilities.
22 "Residual parental rights and responsibilities" means those
23 rights and responsibilities remaining with the parent after
24 the transfer of legal custody or guardianship of the person,
25 including, but not necessarily limited to, the right to
26 reasonable visitation (which may be limited by the court in
27 the best interests of the minor as provided in subsection
28 (8)(b) of this Section), the right to consent to adoption,
29 the right to determine the minor's religious affiliation, and
30 the responsibility for his support.
31 (14) Shelter. "Shelter" means the temporary care of a
32 minor in physically unrestricting facilities pending court
33 disposition or execution of court order for placement.
34 (15) Station adjustment. "Station adjustment" means the
HB1268 Enrolled -1104- LRB9000999EGfg
1 informal handling of an alleged offender by a juvenile police
2 officer.
3 (16) Ward of the court. "Ward of the court" means a
4 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5 5-22, after a finding of the requisite jurisdictional facts,
6 and thus is subject to the dispositional powers of the court
7 under this Act.
8 (17) Juvenile police officer. "Juvenile police officer"
9 means a sworn police officer who has completed a Basic
10 Recruit Training Course, has been assigned to the position of
11 juvenile police officer by his or her chief law enforcement
12 officer and has completed the necessary juvenile officers
13 training as prescribed by the Illinois Law Enforcement
14 Training Standards Board, or in the case of a State police
15 officer, juvenile officer training approved by the Director
16 of the Department of State Police.
17 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
18 11-12-97.)
19 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
20 Sec. 1-8. Confidentiality and accessibility of juvenile
21 court records.
22 (A) Inspection and copying of juvenile court records
23 relating to a minor who is the subject of a proceeding under
24 this Act shall be restricted to the following:
25 (1) The minor who is the subject of record, his
26 parents, guardian and counsel.
27 (2) Law enforcement officers and law enforcement
28 agencies when such information is essential to executing
29 an arrest or search warrant or other compulsory process,
30 or to conducting an ongoing investigation or relating to
31 a minor who has been adjudicated delinquent and there has
32 been a previous finding that the act which constitutes
33 the previous offense was committed in furtherance of
HB1268 Enrolled -1105- LRB9000999EGfg
1 criminal activities by a criminal street gang.
2 Before July 1, 1994, for the purposes of this
3 Section, "criminal street gang" means any ongoing
4 organization, association, or group of 3 or more persons,
5 whether formal or informal, having as one of its primary
6 activities the commission of one or more criminal acts
7 and that has a common name or common identifying sign,
8 symbol or specific color apparel displayed, and whose
9 members individually or collectively engage in or have
10 engaged in a pattern of criminal activity.
11 Beginning July 1, 1994, for purposes of this
12 Section, "criminal street gang" has the meaning ascribed
13 to it in Section 10 of the Illinois Streetgang Terrorism
14 Omnibus Prevention Act.
15 (3) Judges, hearing officers, prosecutors,
16 probation officers, social workers or other individuals
17 assigned by the court to conduct a pre-adjudication or
18 predisposition investigation, and individuals responsible
19 for supervising or providing temporary or permanent care
20 and custody for minors pursuant to the order of the
21 juvenile court when essential to performing their
22 responsibilities.
23 (4) Judges, prosecutors and probation officers:
24 (a) in the course of a trial when institution
25 of criminal proceedings has been permitted under
26 Section 5-4 or required under Section 5-4; or
27 (b) when criminal proceedings have been
28 permitted under Section 5-4 or required under
29 Section 5-4 and a minor is the subject of a
30 proceeding to determine the amount of bail; or
31 (c) when criminal proceedings have been
32 permitted under Section 5-4 or required under
33 Section 5-4 and a minor is the subject of a
34 pre-trial investigation, pre-sentence investigation
HB1268 Enrolled -1106- LRB9000999EGfg
1 or fitness hearing, or proceedings on an application
2 for probation; or
3 (d) when a minor becomes 17 years of age or
4 older, and is the subject of criminal proceedings,
5 including a hearing to determine the amount of bail,
6 a pre-trial investigation, a pre-sentence
7 investigation, a fitness hearing, or proceedings on
8 an application for probation.
9 (5) Adult and Juvenile Prisoner Review Boards.
10 (6) Authorized military personnel.
11 (7) Victims, their subrogees and legal
12 representatives; however, such persons shall have access
13 only to the name and address of the minor and information
14 pertaining to the disposition or alternative adjustment
15 plan of the juvenile court.
16 (8) Persons engaged in bona fide research, with the
17 permission of the presiding judge of the juvenile court
18 and the chief executive of the agency that prepared the
19 particular records; provided that publication of such
20 research results in no disclosure of a minor's identity
21 and protects the confidentiality of the record.
22 (9) The Secretary of State to whom the Clerk of the
23 Court shall report the disposition of all cases, as
24 required in Section 6-204 of The Illinois Vehicle Code.
25 However, information reported relative to these offenses
26 shall be privileged and available only to the Secretary
27 of State, courts, and police officers.
28 (10) The administrator of a bonafide substance
29 abuse student assistance program with the permission of
30 the presiding judge of the juvenile court.
31 (B) A minor who is the victim in a juvenile proceeding
32 shall be provided the same confidentiality regarding
33 disclosure of identity as the minor who is the subject of
34 record.
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1 (C) Except as otherwise provided in this subsection (C),
2 juvenile court records shall not be made available to the
3 general public but may be inspected by representatives of
4 agencies, associations and news media or other properly
5 interested persons by general or special order of the court.
6 The State's Attorney, the minor, his parents, guardian and
7 counsel shall at all times have the right to examine court
8 files and records.
9 (1) The court shall allow the general public to
10 have access to the name, address, and offense of a minor
11 who is adjudicated a delinquent minor under this Act
12 under either of the following circumstances:
13 (A) The adjudication of delinquency was based
14 upon the minor's commission of first degree murder,
15 attempt to commit first degree murder, aggravated
16 criminal sexual assault, or criminal sexual assault;
17 or
18 (B) The court has made a finding that the
19 minor was at least 13 years of age at the time the
20 act was committed and the adjudication of
21 delinquency was based upon the minor's commission
22 of: (i) an act in furtherance of the commission of a
23 felony as a member of or on behalf of a criminal
24 street gang, (ii) an act involving the use of a
25 firearm in the commission of a felony, (iii) an act
26 that would be a Class X felony offense under or the
27 minor's second or subsequent Class 2 or greater
28 felony offense under the Cannabis Control Act if
29 committed by an adult, (iv) an act that would be a
30 second or subsequent offense under Section 402 of
31 the Illinois Controlled Substances Act if committed
32 by an adult, or (v) an act that would be an offense
33 under Section 401 of the Illinois Controlled
34 Substances Act if committed by an adult.
HB1268 Enrolled -1108- LRB9000999EGfg
1 (2) The court shall allow the general public to
2 have access to the name, address, and offense of a minor
3 who is at least 13 years of age at the time the offense
4 is committed and who is convicted, in criminal
5 proceedings permitted or required under Section 5-4,
6 under either of the following circumstances:
7 (A) The minor has been convicted of first
8 degree murder, attempt to commit first degree
9 murder, aggravated criminal sexual assault, or
10 criminal sexual assault,
11 (B) The court has made a finding that the
12 minor was at least 13 years of age at the time the
13 offense was committed and the conviction was based
14 upon the minor's commission of: (i) an offense in
15 furtherance of the commission of a felony as a
16 member of or on behalf of a criminal street gang,
17 (ii) an offense involving the use of a firearm in
18 the commission of a felony, (iii) a Class X felony
19 offense under or a second or subsequent Class 2 or
20 greater felony offense under the Cannabis Control
21 Act, (iv) a second or subsequent offense under
22 Section 402 of the Illinois Controlled Substances
23 Act, or (v) an offense under Section 401 of the
24 Illinois Controlled Substances Act.
25 (D) Pending or following any adjudication of delinquency
26 for any offense defined in Sections 12-13 through 12-16 of
27 the Criminal Code of 1961, the victim of any such offense
28 shall receive the rights set out in Sections 4 and 6 of the
29 Bill of Rights for Victims and Witnesses of Violent Crime
30 Act; and the juvenile who is the subject of the adjudication,
31 notwithstanding any other provision of this Act, shall be
32 treated as an adult for the purpose of affording such rights
33 to the victim.
34 (E) Nothing in this Section shall affect the right of a
HB1268 Enrolled -1109- LRB9000999EGfg
1 Civil Service Commission or appointing authority of any
2 state, county or municipality examining the character and
3 fitness of an applicant for employment with a law enforcement
4 agency or correctional institution to ascertain whether that
5 applicant was ever adjudicated to be a delinquent minor and,
6 if so, to examine the records of disposition or evidence
7 which were made in proceedings under this Act.
8 (F) Following any adjudication of delinquency for a
9 crime which would be a felony if committed by an adult, or
10 following any adjudication of delinquency for a violation of
11 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
12 1961, the State's Attorney shall ascertain whether the minor
13 respondent is enrolled in school and, if so, shall provide a
14 copy of the dispositional order to the principal or chief
15 administrative officer of the school. Access to such
16 juvenile records shall be limited to the principal or chief
17 administrative officer of the school and any guidance
18 counselor designated by him.
19 (G) Nothing contained in this Act prevents the sharing
20 or disclosure of information or records relating or
21 pertaining to juveniles subject to the provisions of the
22 Serious Habitual Offender Comprehensive Action Program when
23 that information is used to assist in the early
24 identification and treatment of habitual juvenile offenders.
25 (H) When a Court hearing a proceeding under Article II
26 of this Act becomes aware that an earlier proceeding under
27 Article II had been heard in a different county, that Court
28 shall request, and the Court in which the earlier proceedings
29 were initiated shall transmit, an authenticated copy of the
30 Court record, including all documents, petitions, and orders
31 filed therein and the minute orders, transcript of
32 proceedings, and docket entries of the Court.
33 (I) The Clerk of the Circuit Court shall report to the
34 Department of State Police, in the form and manner required
HB1268 Enrolled -1110- LRB9000999EGfg
1 by the Department of State Police, the final disposition of
2 each minor who has been arrested or taken into custody before
3 his or her 17th birthday for those offenses required to be
4 reported under Section 5 of the Criminal Identification Act.
5 Information reported to the Department under this Section may
6 be maintained with records that the Department files under
7 Section 2.1 of the Criminal Identification Act.
8 (Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
9 89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
10 1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; revised
11 8-4-97.)
12 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
13 Sec. 2-10. Temporary custody hearing. At the appearance
14 of the minor before the court at the temporary custody
15 hearing, all witnesses present shall be examined before the
16 court in relation to any matter connected with the
17 allegations made in the petition.
18 (1) If the court finds that there is not probable cause
19 to believe that the minor is abused, neglected or dependent
20 it shall release the minor and dismiss the petition.
21 (2) If the court finds that there is probable cause to
22 believe that the minor is abused, neglected or dependent, the
23 court shall state in writing the factual basis supporting its
24 finding and the minor, his or her parent, guardian, custodian
25 and other persons able to give relevant testimony shall be
26 examined before the court. The Department of Children and
27 Family Services shall give testimony concerning indicated
28 reports of abuse and neglect, of which they are aware of
29 through the central registry, involving the minor's parent,
30 guardian or custodian. After such testimony, the court may,
31 consistent with the health, safety and best interests of the
32 minor, enter an order that the minor shall be released upon
33 the request of parent, guardian or custodian if the parent,
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1 guardian or custodian appears to take custody. Custodian
2 shall include any agency of the State which has been given
3 custody or wardship of the child. If it is consistent with
4 the health, safety and best interests of the minor, the court
5 may also prescribe shelter care and order that the minor be
6 kept in a suitable place designated by the court or in a
7 shelter care facility designated by the Department of
8 Children and Family Services or a licensed child welfare
9 agency; however, a minor charged with a criminal offense
10 under the Criminal Code of 1961 or adjudicated delinquent
11 shall not be placed in the custody of or committed to the
12 Department of Children and Family Services by any court,
13 except a minor less than 13 years of age and committed to the
14 Department of Children and Family Services under Section 5-23
15 of this Act or a minor for whom an independent basis of
16 abuse, neglect, or dependency exists, which must be defined
17 by departmental rule. In placing the minor, the Department or
18 other agency shall, to the extent compatible with the court's
19 order, comply with Section 7 of the Children and Family
20 Services Act. In determining the health, safety and best
21 interests of the minor to prescribe shelter care, the court
22 must find that it is a matter of immediate and urgent
23 necessity for the safety and protection of the minor or of
24 the person or property of another that the minor be placed in
25 a shelter care facility or that he or she is likely to flee
26 the jurisdiction of the court, and must further find that
27 reasonable efforts have been made or that, consistent with
28 the health, safety and best interests of the minor, no
29 efforts reasonably can be made to prevent or eliminate the
30 necessity of removal of the minor from his or her home. The
31 court shall require documentation from the Department of
32 Children and Family Services as to the reasonable efforts
33 that were made to prevent or eliminate the necessity of
34 removal of the minor from his or her home or the reasons why
HB1268 Enrolled -1112- LRB9000999EGfg
1 no efforts reasonably could be made to prevent or eliminate
2 the necessity of removal. When a minor is placed in the home
3 of a relative, the Department of Children and Family Services
4 shall complete a preliminary background review of the members
5 of the minor's custodian's household in accordance with
6 Section 4.3 of the Child Care Act of 1969 within 90 days of
7 that placement. If the minor is ordered placed in a shelter
8 care facility of the Department of Children and Family
9 Services or a licensed child welfare agency, the court shall,
10 upon request of the appropriate Department or other agency,
11 appoint the Department of Children and Family Services
12 Guardianship Administrator or other appropriate agency
13 executive temporary custodian of the minor and the court may
14 enter such other orders related to the temporary custody as
15 it deems fit and proper, including the provision of services
16 to the minor or his family to ameliorate the causes
17 contributing to the finding of probable cause or to the
18 finding of the existence of immediate and urgent necessity.
19 Acceptance of services shall not be considered an admission
20 of any allegation in a petition made pursuant to this Act,
21 nor may a referral of services be considered as evidence in
22 any proceeding pursuant to this Act, except where the issue
23 is whether the Department has made reasonable efforts to
24 reunite the family. In making its findings that it is
25 consistent with the health, safety and best interests of the
26 minor to prescribe shelter care, the court shall state in
27 writing (i) the factual basis supporting its findings
28 concerning the immediate and urgent necessity for the
29 protection of the minor or of the person or property of
30 another and (ii) the factual basis supporting its findings
31 that reasonable efforts were made to prevent or eliminate the
32 removal of the minor from his or her home or that no efforts
33 reasonably could be made to prevent or eliminate the removal
34 of the minor from his or her home. The parents, guardian,
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1 custodian, temporary custodian and minor shall each be
2 furnished a copy of such written findings. The temporary
3 custodian shall maintain a copy of the court order and
4 written findings in the case record for the child. The order
5 together with the court's findings of fact in support thereof
6 shall be entered of record in the court.
7 Once the court finds that it is a matter of immediate and
8 urgent necessity for the protection of the minor that the
9 minor be placed in a shelter care facility, the minor shall
10 not be returned to the parent, custodian or guardian until
11 the court finds that such placement is no longer necessary
12 for the protection of the minor.
13 If the child is placed in the temporary custody of the
14 Department of Children and Family Services for his or her
15 protection, the court shall admonish the parents, guardian,
16 custodian or responsible relative that the parents must
17 cooperate with the Department of Children and Family
18 Services, comply with the terms of the service plans, and
19 correct the conditions which require the child to be in care,
20 or risk termination of their parental rights.
21 (3) If prior to the shelter care hearing for a minor
22 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
23 is unable to serve notice on the party respondent, the
24 shelter care hearing may proceed ex-parte. A shelter care
25 order from an ex-parte hearing shall be endorsed with the
26 date and hour of issuance and shall be filed with the clerk's
27 office and entered of record. The order shall expire after 10
28 days from the time it is issued unless before its expiration
29 it is renewed, at a hearing upon appearance of the party
30 respondent, or upon an affidavit of the moving party as to
31 all diligent efforts to notify the party respondent by notice
32 as herein prescribed. The notice prescribed shall be in
33 writing and shall be personally delivered to the minor or the
34 minor's attorney and to the last known address of the other
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1 person or persons entitled to notice. The notice shall also
2 state the nature of the allegations, the nature of the order
3 sought by the State, including whether temporary custody is
4 sought, and the consequences of failure to appear and shall
5 contain a notice that the parties will not be entitled to
6 further written notices or publication notices of proceedings
7 in this case, including the filing of an amended petition or
8 a motion to terminate parental rights, except as required by
9 Supreme Court Rule 11; and shall explain the right of the
10 parties and the procedures to vacate or modify a shelter care
11 order as provided in this Section. The notice for a shelter
12 care hearing shall be substantially as follows:
13 NOTICE TO PARENTS AND CHILDREN
14 OF SHELTER CARE HEARING
15 On ................ at ........., before the
16 Honorable ................, (address:) .................,
17 the State of Illinois will present evidence (1) that
18 (name of child or children) ....................... are
19 abused, neglected or dependent for the following reasons:
20 .............................................. and (2)
21 that there is "immediate and urgent necessity" to remove
22 the child or children from the responsible relative.
23 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
24 PLACEMENT of the child or children in foster care until a
25 trial can be held. A trial may not be held for up to 90
26 days. You will not be entitled to further notices of
27 proceedings in this case, including the filing of an
28 amended petition or a motion to terminate parental
29 rights.
30 At the shelter care hearing, parents have the
31 following rights:
32 1. To ask the court to appoint a lawyer if
33 they cannot afford one.
34 2. To ask the court to continue the hearing to
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1 allow them time to prepare.
2 3. To present evidence concerning:
3 a. Whether or not the child or children
4 were abused, neglected or dependent.
5 b. Whether or not there is "immediate and
6 urgent necessity" to remove the child from home
7 (including: their ability to care for the
8 child, conditions in the home, alternative
9 means of protecting the child other than
10 removal).
11 c. The best interests of the child.
12 4. To cross examine the State's witnesses.
13 The Notice for rehearings shall be substantially as
14 follows:
15 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
16 TO REHEARING ON TEMPORARY CUSTODY
17 If you were not present at and did not have adequate
18 notice of the Shelter Care Hearing at which temporary
19 custody of ............... was awarded to
20 ................, you have the right to request a full
21 rehearing on whether the State should have temporary
22 custody of ................. To request this rehearing,
23 you must file with the Clerk of the Juvenile Court
24 (address): ........................, in person or by
25 mailing a statement (affidavit) setting forth the
26 following:
27 1. That you were not present at the shelter
28 care hearing.
29 2. That you did not get adequate notice
30 (explaining how the notice was inadequate).
31 3. Your signature.
32 4. Signature must be notarized.
33 The rehearing should be scheduled within 48 hours of
34 your filing this affidavit.
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1 At the rehearing, your rights are the same as at the
2 initial shelter care hearing. The enclosed notice
3 explains those rights.
4 At the Shelter Care Hearing, children have the
5 following rights:
6 1. To have a guardian ad litem appointed.
7 2. To be declared competent as a witness and
8 to present testimony concerning:
9 a. Whether they are abused, neglected or
10 dependent.
11 b. Whether there is "immediate and urgent
12 necessity" to be removed from home.
13 c. Their best interests.
14 3. To cross examine witnesses for other
15 parties.
16 4. To obtain an explanation of any proceedings
17 and orders of the court.
18 (4) If the parent, guardian, legal custodian,
19 responsible relative, minor age 8 or over, or counsel of the
20 minor did not have actual notice of or was not present at the
21 shelter care hearing, he or she may file an affidavit setting
22 forth these facts, and the clerk shall set the matter for
23 rehearing not later than 48 hours, excluding Sundays and
24 legal holidays, after the filing of the affidavit. At the
25 rehearing, the court shall proceed in the same manner as upon
26 the original hearing.
27 (5) Only when there is reasonable cause to believe that
28 the minor taken into custody is a person described in Section
29 5-3 may the minor be kept or detained in a detention home or
30 county or municipal jail. This Section shall in no way be
31 construed to limit subsection (6).
32 (6) No minor under 16 years of age may be confined in a
33 jail or place ordinarily used for the confinement of
34 prisoners in a police station. Minors under 17 years of age
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1 must be kept separate from confined adults and may not at any
2 time be kept in the same cell, room, or yard with adults
3 confined pursuant to the criminal law.
4 (7) If the minor is not brought before a judicial
5 officer within the time period as specified in Section 2-9,
6 the minor must immediately be released from custody.
7 (8) If neither the parent, guardian or custodian appears
8 within 24 hours to take custody of a minor released upon
9 request pursuant to subsection (2) of this Section, then the
10 clerk of the court shall set the matter for rehearing not
11 later than 7 days after the original order and shall issue a
12 summons directed to the parent, guardian or custodian to
13 appear. At the same time the probation department shall
14 prepare a report on the minor. If a parent, guardian or
15 custodian does not appear at such rehearing, the judge may
16 enter an order prescribing that the minor be kept in a
17 suitable place designated by the Department of Children and
18 Family Services or a licensed child welfare agency.
19 (9) Notwithstanding any other provision of this Section
20 any interested party, including the State, the temporary
21 custodian, an agency providing services to the minor or
22 family under a service plan pursuant to Section 8.2 of the
23 Abused and Neglected Child Reporting Act, foster parent, or
24 any of their representatives, on notice to all parties
25 entitled to notice, may file a motion that it is in the best
26 interests of the minor to modify or vacate a temporary
27 custody order on any of the following grounds:
28 (a) It is no longer a matter of immediate and
29 urgent necessity that the minor remain in shelter care;
30 or
31 (b) There is a material change in the circumstances
32 of the natural family from which the minor was removed
33 and the child can be cared for at home without
34 endangering the child's health or safety; or
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1 (c) A person not a party to the alleged abuse,
2 neglect or dependency, including a parent, relative or
3 legal guardian, is capable of assuming temporary custody
4 of the minor; or
5 (d) Services provided by the Department of Children
6 and Family Services or a child welfare agency or other
7 service provider have been successful in eliminating the
8 need for temporary custody and the child can be cared for
9 at home without endangering the child's health or safety.
10 In ruling on the motion, the court shall determine
11 whether it is consistent with the health, safety and best
12 interests of the minor to modify or vacate a temporary
13 custody order.
14 The clerk shall set the matter for hearing not later than
15 14 days after such motion is filed. In the event that the
16 court modifies or vacates a temporary custody order but does
17 not vacate its finding of probable cause, the court may order
18 that appropriate services be continued or initiated in behalf
19 of the minor and his or her family.
20 (10) When the court finds or has found that there is
21 probable cause to believe a minor is an abused minor as
22 described in subsection (2) of Section 2-3 and that there is
23 an immediate and urgent necessity for the abused minor to be
24 placed in shelter care, immediate and urgent necessity shall
25 be presumed for any other minor residing in the same
26 household as the abused minor provided:
27 (a) Such other minor is the subject of an abuse or
28 neglect petition pending before the court; and
29 (b) A party to the petition is seeking shelter care
30 for such other minor.
31 Once the presumption of immediate and urgent necessity
32 has been raised, the burden of demonstrating the lack of
33 immediate and urgent necessity shall be on any party that is
34 opposing shelter care for the other minor.
HB1268 Enrolled -1119- LRB9000999EGfg
1 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
2 1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
3 9-1-97; revised 8-4-97.)
4 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
5 Sec. 2-14. Date for Adjudicatory Hearing.
6 (a) Purpose and policy. The legislature recognizes that
7 serious delay in the adjudication of abuse, neglect, or
8 dependency cases can cause grave harm to the minor and the
9 family and that it frustrates the health, safety and best
10 interests of the minor and the effort to establish permanent
11 homes for children in need. The purpose of this Section is
12 to insure that, consistent with the federal Adoption
13 Assistance and Child Welfare Act of 1980, Public Law 96-272,
14 as amended, and the intent of this Act, the State of Illinois
15 will act in a just and speedy manner to determine the best
16 interests of the minor, including providing for the safety of
17 the minor, identifying families in need, reunifying families
18 where the minor can be cared for at home without endangering
19 the minor's health or safety and it is in the best interests
20 of the minor, and, if reunification is not consistent with
21 the health, safety and best interests of the minor, finding
22 another permanent home for the minor.
23 (b) When a petition is filed alleging that the minor is
24 abused, neglected or dependent, an adjudicatory hearing shall
25 be commenced within 90 days of the date of service of process
26 upon the minor, parents, any guardian and any legal
27 custodian. Once commenced, subsequent delay in the
28 proceedings may be allowed by the court when necessary to
29 ensure a fair hearing.
30 (c) Upon written motion of a party filed no later than
31 10 days prior to hearing, or upon the court's own motion and
32 only for good cause shown, the Court may continue the hearing
33 for a period not to exceed 30 days, and only if the
HB1268 Enrolled -1120- LRB9000999EGfg
1 continuance is consistent with the health, safety and best
2 interests of the minor. When the court grants a continuance,
3 it shall enter specific factual findings to support its
4 order, including factual findings supporting the court's
5 determination that the continuance is in the best interests
6 of the minor. Only one such continuance shall be granted. A
7 period of continuance for good cause as described in this
8 Section shall temporarily suspend as to all parties, for the
9 time of the delay, the period within which a hearing must be
10 held. On the day of the expiration of the delay, the period
11 shall continue at the point at which it was suspended.
12 The term "good cause" as applied in this Section shall be
13 strictly construed and be in accordance with Supreme Court
14 Rule 231 (a) through (f). Neither stipulation by counsel nor
15 the convenience of any party constitutes good cause. If the
16 adjudicatory hearing is not heard within the time limits
17 required by subsection (b) or (c) of this Section, upon
18 motion by any party the petition shall be dismissed without
19 prejudice.
20 (d) The time limits of this Section may be waived only
21 by consent of all parties and approval by the court.
22 (e) For all cases filed before July 1, 1991, an
23 adjudicatory hearing must, be held within 180 days of July 1,
24 1991.
25 (Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
26 revised 11-17-97.)
27 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
28 Sec. 2-22. Dispositional hearing; evidence; continuance.
29 (1) At the dispositional hearing, the court shall
30 determine whether it is in the best interests of the minor
31 and the public that he be made a ward of the court, and, if
32 he is to be made a ward of the court, the court shall
33 determine the proper disposition best serving the health,
HB1268 Enrolled -1121- LRB9000999EGfg
1 safety and interests of the minor and the public. The court
2 also shall consider the permanency goal set for the minor,
3 the nature of the service plan for the minor and the services
4 delivered and to be delivered under the plan. All evidence
5 helpful in determining these questions, including oral and
6 written reports, may be admitted and may be relied upon to
7 the extent of its probative value, even though not competent
8 for the purposes of the adjudicatory hearing.
9 (2) Notice in compliance with Supreme Court Rule 11 must
10 be given to all parties-respondent prior to proceeding to a
11 dispositional hearing. Before making an order of disposition
12 the court shall advise the State's Attorney, the parents,
13 guardian, custodian or responsible relative or their counsel
14 of the factual contents and the conclusions of the reports
15 prepared for the use of the court and considered by it, and
16 afford fair opportunity, if requested, to controvert them.
17 The court may order, however, that the documents containing
18 such reports need not be submitted to inspection, or that
19 sources of confidential information need not be disclosed
20 except to the attorneys for the parties. Factual contents,
21 conclusions, documents and sources disclosed by the court
22 under this paragraph shall not be further disclosed without
23 the express approval of the court pursuant to an in camera
24 hearing.
25 (3) A record of a prior continuance under supervision
26 under Section 2-20, whether successfully completed with
27 regard to the child's health, safety and best interest, or
28 not, is admissible at the dispositional hearing.
29 (4) On its own motion or that of the State's Attorney, a
30 parent, guardian, custodian, responsible relative or counsel,
31 the court may adjourn the hearing for a reasonable period to
32 receive reports or other evidence, if the adjournment is
33 consistent with the health, safety and best interests of the
34 minor, but in no event shall continuances be granted so that
HB1268 Enrolled -1122- LRB9000999EGfg
1 the dispositional hearing occurs more than 6 months after the
2 initial removal of a minor from his or her home. In
3 scheduling investigations and hearings, the court shall give
4 priority to proceedings in which a minor has been removed
5 from his or her home before an order of disposition has been
6 made.
7 (5) Unless already set by the court, at the conclusion
8 of the dispositional hearing, the court shall set the date
9 for the first permanency hearing, to be conducted under
10 subsection (2) of Section 2-28 or subsection (c) of Section
11 2-28.01, which shall be held no later than 12 months after
12 the minor is taken into temporary custody or in counties with
13 a population over 3,000,000, no later than 12 months after
14 the minor is taken into temporary custody.
15 (6) When the court declares a child to be a ward of the
16 court and awards guardianship to the Department of Children
17 and Family Services, the court shall admonish the parents,
18 guardian, custodian or responsible relative that the parents
19 must cooperate with the Department of Children and Family
20 Services, comply with the terms of the service plans, and
21 correct the conditions which require the child to be in care,
22 or risk termination of their parental rights.
23 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
24 eff. 9-1-97; revised 11-12-97.)
25 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
26 Sec. 2-23. Kinds of dispositional orders.
27 (1) The following kinds of orders of disposition may be
28 made in respect of wards of the court:
29 (a) A minor under 18 years of age found to be
30 neglected or abused under Section 2-3 may be (1)
31 continued in the custody of his or her parents, guardian
32 or legal custodian; (2) placed in accordance with Section
33 2-27; or (3) ordered partially or completely emancipated
HB1268 Enrolled -1123- LRB9000999EGfg
1 in accordance with the provisions of the Emancipation of
2 Mature Minors Act.
3 However, in any case in which a minor is found by
4 the court to be neglected or abused under Section 2-3 of
5 this Act, custody of the minor shall not be restored to
6 any parent, guardian or legal custodian found by the
7 court to have caused the neglect or to have inflicted the
8 abuse on the minor, unless it is in the best interests of
9 the minor, until such time as a hearing is held on the
10 issue of the best interests of the minor and the fitness
11 of such parent, guardian or legal custodian to care for
12 the minor without endangering the minor's health or
13 safety, and the court enters an order that such parent,
14 guardian or legal custodian is fit to care for the minor.
15 (b) A minor under 18 years of age found to be
16 dependent under Section 2-4 may be (1) placed in
17 accordance with Section 2-27 or (2) ordered partially or
18 completely emancipated in accordance with the provisions
19 of the Emancipation of Mature Minors Act.
20 However, in any case in which a minor is found by
21 the court to be dependent under Section 2-4 of this Act
22 and the court has made a further finding under paragraph
23 (2) of Section 2-21 that such dependency is the result of
24 physical abuse, custody of the minor shall not be
25 restored to any parent, guardian or legal custodian found
26 by the court to have inflicted physical abuse on the
27 minor until such time as a hearing is held on the issue
28 of the fitness of such parent, guardian or legal
29 custodian to care for the minor without endangering the
30 minor's health or safety, and the court enters an order
31 that such parent, guardian or legal custodian is fit to
32 care for the minor.
33 (c) When the court awards guardianship to the
34 Department of Children and Family Services, the court
HB1268 Enrolled -1124- LRB9000999EGfg
1 shall order the parents to cooperate with the Department
2 of Children and Family Services, comply with the terms of
3 the service plans, and correct the conditions that
4 require the child to be in care, or risk termination of
5 their parental rights.
6 (d) When the court orders a child restored to the
7 custody of the parent or parents, the court shall order
8 the parent or parents to cooperate with the Department of
9 Children and Family Services and comply with the terms of
10 an after-care plan, or risk the loss of custody of the
11 child and the possible termination of their parental
12 rights.
13 (2) Any order of disposition may provide for protective
14 supervision under Section 2-24 and may include an order of
15 protection under Section 2-25.
16 Unless the order of disposition expressly so provides, it
17 does not operate to close proceedings on the pending
18 petition, but is subject to modification, not inconsistent
19 with Section 2-28 or 2-28.01, whichever is applicable, until
20 final closing and discharge of the proceedings under Section
21 2-31.
22 (3) The court also shall enter any other orders
23 necessary to fulfill the service plan, including, but not
24 limited to, (i) orders requiring parties to cooperate with
25 services, (ii) restraining orders controlling the conduct of
26 any party likely to frustrate the achievement of the goal,
27 and (iii) visiting orders. Unless otherwise specifically
28 authorized by law, the court is not empowered under this
29 subsection (3) to order specific placements, specific
30 services, or specific service providers to be included in the
31 plan. If the court concludes that the Department of Children
32 and Family Services has abused its discretion in setting the
33 current service plan or permanency goal for the minor, the
34 court shall enter specific findings in writing based on the
HB1268 Enrolled -1125- LRB9000999EGfg
1 evidence and shall enter an order for the Department to
2 develop and implement a new permanency goal and service plan
3 consistent with the court's findings. The new service plan
4 shall be filed with the court and served on all parties. The
5 court shall continue the matter until the new service plan is
6 filed.
7 (4) In addition to any other order of disposition, the
8 court may order any minor adjudicated neglected with respect
9 to his or her own injurious behavior to make restitution, in
10 monetary or non-monetary form, under the terms and conditions
11 of Section 5-5-6 of the Unified Code of Corrections, except
12 that the "presentence hearing" referred to therein shall be
13 the dispositional hearing for purposes of this Section. The
14 parent, guardian or legal custodian of the minor may pay some
15 or all of such restitution on the minor's behalf.
16 (5) Any order for disposition where the minor is
17 committed or placed in accordance with Section 2-27 shall
18 provide for the parents or guardian of the estate of such
19 minor to pay to the legal custodian or guardian of the person
20 of the minor such sums as are determined by the custodian or
21 guardian of the person of the minor as necessary for the
22 minor's needs. Such payments may not exceed the maximum
23 amounts provided for by Section 9.1 of the Children and
24 Family Services Act.
25 (6) Whenever the order of disposition requires the minor
26 to attend school or participate in a program of training, the
27 truant officer or designated school official shall regularly
28 report to the court if the minor is a chronic or habitual
29 truant under Section 26-2a of the School Code.
30 (7) The court may terminate the parental rights of a
31 parent at the initial dispositional hearing if all of the
32 conditions in subsection (5) of Section 2-21 are met.
33 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
34 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
HB1268 Enrolled -1126- LRB9000999EGfg
1 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
2 Sec. 2-25. Order of protection.
3 (1) The court may make an order of protection in
4 assistance of or as a condition of any other order authorized
5 by this Act. The order of protection shall be based on the
6 health, safety and best interests of the minor and may set
7 forth reasonable conditions of behavior to be observed for a
8 specified period. Such an order may require a person:
9 (a) to stay away from the home or the minor;
10 (b) to permit a parent to visit the minor at stated
11 periods;
12 (c) to abstain from offensive conduct against the
13 minor, his parent or any person to whom custody of the
14 minor is awarded;
15 (d) to give proper attention to the care of the
16 home;
17 (e) to cooperate in good faith with an agency to
18 which custody of a minor is entrusted by the court or
19 with an agency or association to which the minor is
20 referred by the court;
21 (f) to prohibit and prevent any contact whatsoever
22 with the respondent minor by a specified individual or
23 individuals who are alleged in either a criminal or
24 juvenile proceeding to have caused injury to a respondent
25 minor or a sibling of a respondent minor;
26 (g) to refrain from acts of commission or omission
27 that tend to make the home not a proper place for the
28 minor; .
29 (h) to refrain from contacting the minor and the
30 foster parents in any manner that is not specified in
31 writing in the case plan.
32 (2) The court shall enter an order of protection to
33 prohibit and prevent any contact between a respondent minor
34 or a sibling of a respondent minor and any person named in a
HB1268 Enrolled -1127- LRB9000999EGfg
1 petition seeking an order of protection who has been
2 convicted of heinous battery under Section 12-4.1, aggravated
3 battery of a child under Section 12-4.3, criminal sexual
4 assault under Section 12-13, aggravated criminal sexual
5 assault under Section 12-14, predatory criminal sexual
6 assault of a child under Section 12-14.1, criminal sexual
7 abuse under Section 12-15, or aggravated criminal sexual
8 abuse under Section 12-16 of the Criminal Code of 1961, or
9 has been convicted of an offense that resulted in the death
10 of a child, or has violated a previous order of protection
11 under this Section.
12 (3) When the court issues an order of protection against
13 any person as provided by this Section, the court shall
14 direct a copy of such order to the Sheriff of that county.
15 The Sheriff shall furnish a copy of the order of protection
16 to the Department of State Police within with 24 hours of
17 receipt, in the form and manner required by the Department.
18 The Department of State Police shall maintain a complete
19 record and index of such orders of protection and make this
20 data available to all local law enforcement agencies.
21 (4) After notice and opportunity for hearing afforded to
22 a person subject to an order of protection, the order may be
23 modified or extended for a further specified period or both
24 or may be terminated if the court finds that the health,
25 safety, and best interests of the minor and the public will
26 be served thereby.
27 (5) An order of protection may be sought at any time
28 during the course of any proceeding conducted pursuant to
29 this Act if such an order is consistent with the health,
30 safety, and best interests of the minor. Any person against
31 whom an order of protection is sought may retain counsel to
32 represent him at a hearing, and has rights to be present at
33 the hearing, to be informed prior to the hearing in writing
34 of the contents of the petition seeking a protective order
HB1268 Enrolled -1128- LRB9000999EGfg
1 and of the date, place and time of such hearing, and to cross
2 examine witnesses called by the petitioner and to present
3 witnesses and argument in opposition to the relief sought in
4 the petition.
5 (6) Diligent efforts shall be made by the petitioner to
6 serve any person or persons against whom any order of
7 protection is sought with written notice of the contents of
8 the petition seeking a protective order and of the date,
9 place and time at which the hearing on the petition is to be
10 held. When a protective order is being sought in conjunction
11 with a temporary custody hearing, if the court finds that the
12 person against whom the protective order is being sought has
13 been notified of the hearing or that diligent efforts have
14 been made to notify such person, the court may conduct a
15 hearing. If a protective order is sought at any time other
16 than in conjunction with a temporary custody hearing, the
17 court may not conduct a hearing on the petition in the
18 absence of the person against whom the order is sought unless
19 the petitioner has notified such person by personal service
20 at least 3 days before the hearing or has sent written
21 notice by first class mail to such person's last known
22 address at least 5 days before the hearing.
23 (7) A person against whom an order of protection is
24 being sought who is neither a parent, guardian, legal
25 custodian or responsible relative as described in Section 1-5
26 is not a party or respondent as defined in that Section and
27 shall not be entitled to the rights provided therein. Such
28 person does not have a right to appointed counsel or to be
29 present at any hearing other than the hearing in which the
30 order of protection is being sought or a hearing directly
31 pertaining to that order. Unless the court orders otherwise,
32 such person does not have a right to inspect the court file.
33 (8) All protective orders entered under this Section
34 shall be in writing. Unless the person against whom the
HB1268 Enrolled -1129- LRB9000999EGfg
1 order was obtained was present in court when the order was
2 issued, the sheriff, other law enforcement official or
3 special process server shall promptly serve that order upon
4 that person and file proof of such service, in the manner
5 provided for service of process in civil proceedings. The
6 person against whom the protective order was obtained may
7 seek a modification of the order by filing a written motion
8 to modify the order within 7 days after actual receipt by the
9 person of a copy of the order. Any modification of the order
10 granted by the court must be determined to be consistent with
11 the best interests of the minor.
12 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
13 90-15, eff. 6-13-97; 90-28, eff. 1-1-98; revised 12-22-97.)
14 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
15 Sec. 2-27. Placement; legal custody or guardianship.
16 (1) If the court determines and puts in writing the
17 factual basis supporting the determination of whether the
18 parents, guardian, or legal custodian of a minor adjudged a
19 ward of the court are unfit or are unable, for some reason
20 other than financial circumstances alone, to care for,
21 protect, train or discipline the minor or are unwilling to do
22 so, and that the health, safety, and best interest of the
23 minor will be jeopardized if the minor remains in the custody
24 of his or her parents, guardian or custodian, the court may
25 at this hearing and at any later point:
26 (a) place the minor in the custody of a suitable
27 relative or other person as legal custodian or guardian;
28 (a-5) with the approval of the Department of
29 Children and Family Services, place the minor in the
30 subsidized guardianship of a suitable relative or other
31 person as legal guardian; "subsidized guardianship" means
32 a private guardianship arrangement for children for whom
33 the permanency goals of return home and adoption have
HB1268 Enrolled -1130- LRB9000999EGfg
1 been ruled out and who meet the qualifications for
2 subsidized guardianship as defined by the Department of
3 Children and Family Services in administrative rules;
4 (b) place the minor under the guardianship of a
5 probation officer;
6 (c) commit the minor to an agency for care or
7 placement, except an institution under the authority of
8 the Department of Corrections or of the Department of
9 Children and Family Services;
10 (d) commit the minor to the Department of Children
11 and Family Services for care and service; however, a
12 minor charged with a criminal offense under the Criminal
13 Code of 1961 or adjudicated delinquent shall not be
14 placed in the custody of or committed to the Department
15 of Children and Family Services by any court, except a
16 minor less than 13 years of age and committed to the
17 Department of Children and Family Services under Section
18 5-23 of this Act. The Department shall be given due
19 notice of the pendency of the action and the Guardianship
20 Administrator of the Department of Children and Family
21 Services shall be appointed guardian of the person of the
22 minor. Whenever the Department seeks to discharge a minor
23 from its care and service, the Guardianship Administrator
24 shall petition the court for an order terminating
25 guardianship. The Guardianship Administrator may
26 designate one or more other officers of the Department,
27 appointed as Department officers by administrative order
28 of the Department Director, authorized to affix the
29 signature of the Guardianship Administrator to documents
30 affecting the guardian-ward relationship of children for
31 whom he or she has been appointed guardian at such times
32 as he or she is unable to perform the duties of his or
33 her office. The signature authorization shall include but
34 not be limited to matters of consent of marriage,
HB1268 Enrolled -1131- LRB9000999EGfg
1 enlistment in the armed forces, legal proceedings,
2 adoption, major medical and surgical treatment and
3 application for driver's license. Signature
4 authorizations made pursuant to the provisions of this
5 paragraph shall be filed with the Secretary of State and
6 the Secretary of State shall provide upon payment of the
7 customary fee, certified copies of the authorization to
8 any court or individual who requests a copy.
9 (1.5) In making a determination under this Section, the
10 court shall also consider whether, based on health, safety,
11 and the best interests of the minor,
12 (a) appropriate services aimed at family
13 preservation and family reunification have been
14 unsuccessful in rectifying the conditions that have led
15 to a finding of unfitness or inability to care for,
16 protect, train, or discipline the minor, or
17 (b) no family preservation or family reunification
18 services would be appropriate,
19 and if the petition or amended petition contained an
20 allegation that the parent is an unfit person as defined in
21 subdivision (D) of Section 1 of the Adoption Act, and the
22 order of adjudication recites that parental unfitness was
23 established by clear and convincing evidence, the court
24 shall, when appropriate and in the best interest of the
25 minor, enter an order terminating parental rights and
26 appointing a guardian with power to consent to adoption in
27 accordance with Section 2-29.
28 When making a placement, the court, wherever possible,
29 shall require the Department of Children and Family Services
30 to select a person holding the same religious belief as that
31 of the minor or a private agency controlled by persons of
32 like religious faith of the minor and shall require the
33 Department to otherwise comply with Section 7 of the Children
34 and Family Services Act in placing the child. In addition,
HB1268 Enrolled -1132- LRB9000999EGfg
1 whenever alternative plans for placement are available, the
2 court shall ascertain and consider, to the extent appropriate
3 in the particular case, the views and preferences of the
4 minor.
5 (2) When a minor is placed with a suitable relative or
6 other person pursuant to item (a) of subsection (1), the
7 court shall appoint him or her the legal custodian or
8 guardian of the person of the minor. When a minor is
9 committed to any agency, the court shall appoint the proper
10 officer or representative thereof as legal custodian or
11 guardian of the person of the minor. Legal custodians and
12 guardians of the person of the minor have the respective
13 rights and duties set forth in subsection (9) of Section 1-3
14 except as otherwise provided by order of court; but no
15 guardian of the person may consent to adoption of the minor
16 unless that authority is conferred upon him or her in
17 accordance with Section 2-29. An agency whose representative
18 is appointed guardian of the person or legal custodian of the
19 minor may place the minor in any child care facility, but the
20 facility must be licensed under the Child Care Act of 1969 or
21 have been approved by the Department of Children and Family
22 Services as meeting the standards established for such
23 licensing. No agency may place a minor adjudicated under
24 Sections 2-3 or 2-4 in a child care facility unless the
25 placement is in compliance with the rules and regulations for
26 placement under this Section promulgated by the Department of
27 Children and Family Services under Section 5 of the Children
28 and Family Services Act. Like authority and restrictions
29 shall be conferred by the court upon any probation officer
30 who has been appointed guardian of the person of a minor.
31 (3) No placement by any probation officer or agency
32 whose representative is appointed guardian of the person or
33 legal custodian of a minor may be made in any out of State
34 child care facility unless it complies with the Interstate
HB1268 Enrolled -1133- LRB9000999EGfg
1 Compact on the Placement of Children. Placement with a
2 parent, however, is not subject to that Interstate Compact.
3 (4) The clerk of the court shall issue to the legal
4 custodian or guardian of the person a certified copy of the
5 order of court, as proof of his authority. No other process
6 is necessary as authority for the keeping of the minor.
7 (5) Custody or guardianship granted under this Section
8 continues until the court otherwise directs, but not after
9 the minor reaches the age of 19 years except as set forth in
10 Section 2-31.
11 (6) At the dispositional hearing, the court shall
12 consider whether it is appropriate for a motion to be filed
13 to terminate parental rights and appoint a guardian with
14 power to consent to adoption with regard to a parent:
15 (A) whose identity still remains unknown;
16 (B) whose whereabouts remain unknown;
17 (C) who was found in default at the adjudicatory
18 hearing and has not obtained an order setting aside the
19 default in accordance with Section 2-1301 of the Code of
20 Civil Procedure.
21 Notice to a parent for whom an order of default has been
22 entered on the petition for wardship and has not been set
23 aside shall be provided in accordance with Sections 2-15 and
24 2-16. If a parent's identity or whereabouts are unknown, and
25 a diligent inquiry for such parent has been made at any time
26 within the preceding 12 months, no further inquiry is
27 required to support notice by publication.
28 If the court determines such a motion to be appropriate,
29 it may order the motion to be filed. The court, upon motion,
30 may enter an order terminating parental rights upon
31 appropriate finding and appoint a guardian with power to
32 consent to adoption in accordance with this subsection before
33 or at the first permanency hearing.
34 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
HB1268 Enrolled -1134- LRB9000999EGfg
1 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
2 8-22-97; revised 11-17-97.)
3 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
4 Sec. 2-28. Court review in counties with a population
5 under 3,000,000.
6 (0.5) This Section applies in counties with a population
7 under 3,000,000.
8 (1) The court may require any legal custodian or
9 guardian of the person appointed under this Act to report
10 periodically to the court or may cite him into court and
11 require him or his agency, to make a full and accurate report
12 of his or its doings in behalf of the minor. The custodian
13 or guardian, within 10 days after such citation, shall make
14 the report, either in writing verified by affidavit or orally
15 under oath in open court, or otherwise as the court directs.
16 Upon the hearing of the report the court may remove the
17 custodian or guardian and appoint another in his stead or
18 restore the minor to the custody of his parents or former
19 guardian or custodian. However, custody of the minor shall
20 not be restored to any parent, guardian or legal custodian in
21 any case in which the minor is found to be neglected or
22 abused under Section 2-3 of this Act, unless the minor can be
23 cared for at home without endangering the minor's health or
24 safety and it is in the best interests of the minor, and if
25 such neglect or abuse is found by the court under paragraph
26 (2) of Section 2-21 of this Act to be the result of physical
27 abuse inflicted on the minor by such parent, guardian or
28 legal custodian, until such time as an investigation is made
29 as provided in paragraph (5) and a hearing is held on the
30 issue of the fitness of such parent, guardian or legal
31 custodian to care for the minor and the court enters an order
32 that such parent, guardian or legal custodian is fit to care
33 for the minor.
HB1268 Enrolled -1135- LRB9000999EGfg
1 (2) In counties under 3,000,000 population, Permanency
2 hearings shall be conducted by the judge. In counties with a
3 population of 3,000,000 or more, the first permanency hearing
4 shall be conducted by a judge. Subsequent permanency
5 hearings may be heard by a judge or by hearing officers
6 appointed or approved by the court in the manner set forth in
7 Section 2-28.1 of this Act. The initial hearing shall be
8 held within 12 months from the date temporary custody was
9 taken. Subsequent permanency hearings shall be held every 6
10 months or more frequently if necessary in the court's
11 determination following the initial permanency hearing, in
12 accordance with the standards set forth in this Section,
13 until the court determines that the plan and goal have been
14 achieved. Once the plan and goal have been achieved, if the
15 minor remains in substitute care, the case shall be reviewed
16 at least every 6 months thereafter, subject to the provisions
17 of this Section, unless the minor is placed in the
18 guardianship of a suitable relative or other person and the
19 court determines that further monitoring by the court does
20 not further the health, safety or best interest of the child
21 and that this is a stable permanent placement. The
22 permanency hearings must occur within the time frames set
23 forth in this subsection and may not be delayed in
24 anticipation of a report from any source on or due to the
25 agency's failure to timely file its written report (this
26 written report means the one required under the next
27 paragraph and does not mean the service plan also referred to
28 in that paragraph).
29 The public agency that is the custodian or guardian of
30 the minor, or another agency responsible for the minor's
31 care, shall ensure that all parties to the permanency
32 hearings are provided a copy of the most recent service plan
33 prepared within the prior 6 months at least 14 days in
34 advance of the hearing. If not contained in the plan, the
HB1268 Enrolled -1136- LRB9000999EGfg
1 agency shall also include a report setting forth (i) any
2 special physical, psychological, educational, medical,
3 emotional, or other needs of the minor or his or her family
4 that are relevant to a permanency or placement determination
5 and (ii) for any minor age 16 or over, a written description
6 of the programs and services that will enable the minor to
7 prepare for independent living. The agency's written report
8 must detail what progress or lack of progress the parent has
9 made in correcting the conditions requiring the child to be
10 in care; whether the child can be returned home without
11 jeopardizing the child's health, safety, and welfare, and if
12 not, what permanency goal is recommended to be in the best
13 interests of the child, and why the other permanency goals
14 are not appropriate. The caseworker must appear and testify
15 at the permanency hearing. If a permanency hearing has not
16 previously been scheduled by the court, the moving party
17 shall move for the setting of a permanency hearing and the
18 entry of an order within the time frames set forth in this
19 subsection.
20 At the permanency hearing, the court shall determine the
21 future status of the child. The court shall set one of the
22 following permanency goals:
23 (A) The minor will be returned home by a specific
24 date within 5 months.
25 (B) The minor will be in short-term care with a
26 continued goal to return home within a period not to
27 exceed one year, where the progress of the parent or
28 parents is substantial giving particular consideration to
29 the age and individual needs of the minor.
30 (B-1) The minor will be in short-term care with a
31 continued goal to return home pending a status hearing.
32 When the court finds that a parent has not made
33 reasonable efforts or reasonable progress to date, the
34 court shall identify what actions the parent and the
HB1268 Enrolled -1137- LRB9000999EGfg
1 Department must take in order to justify a finding of
2 reasonable efforts or reasonable progress and shall set a
3 status hearing to be held not earlier than 9 months from
4 the date of adjudication nor later than 11 months from
5 the date of adjudication during which the parent's
6 progress will again be reviewed.
7 (C) The minor will be in substitute care pending
8 court determination on termination of parental rights.
9 (D) Adoption, provided that parental rights have
10 been terminated or relinquished.
11 (E) The guardianship of the minor will be
12 transferred to an individual or couple on a permanent
13 basis provided that goals (A) through (D) have been ruled
14 out.
15 (F) The minor over age 12 will be in substitute
16 care pending independence.
17 (G) The minor will be in substitute care because he
18 or she cannot be provided for in a home environment due
19 to developmental disabilities or mental illness or
20 because he or she is a danger to self or others, provided
21 that goals (A) through (D) have been ruled out.
22 In selecting any permanency goal, the court shall
23 indicate in writing the reasons the goal was selected and why
24 the preceding goals were ruled out. Where the court has
25 selected a permanency goal other than (A), (B), or (B-1), the
26 Department of Children and Family Services shall not provide
27 further reunification services, but shall provide services
28 consistent with the goal selected.
29 The court shall consider the following factors when
30 setting the permanency goal:
31 (1) Age of the child.
32 (2) Options available for permanence.
33 (3) Current placement of the child and the intent
34 of the family regarding adoption.
HB1268 Enrolled -1138- LRB9000999EGfg
1 (4) Emotional, physical, and mental status or
2 condition of the child.
3 (5) Types of services previously offered and
4 whether or not the services were successful and, if not
5 successful, the reasons the services failed.
6 (6) Availability of services currently needed and
7 whether the services exist.
8 (7) Status of siblings of the minor.
9 The court shall consider (i) the permanency goal
10 contained in the service plan, (ii) the appropriateness of
11 the services contained in the plan and whether those services
12 have been provided, (iii) whether reasonable efforts have
13 been made by all the parties to the service plan to achieve
14 the goal, and (iv) whether the plan and goal have been
15 achieved. All evidence relevant to determining these
16 questions, including oral and written reports, may be
17 admitted and may be relied on to the extent of their
18 probative value.
19 If the goal has been achieved, the court shall enter
20 orders that are necessary to conform the minor's legal
21 custody and status to those findings.
22 If, after receiving evidence, the court determines that
23 the services contained in the plan are not reasonably
24 calculated to facilitate achievement of the permanency goal,
25 the court shall put in writing the factual basis supporting
26 the determination and enter specific findings based on the
27 evidence. The court also shall enter an order for the
28 Department to develop and implement a new service plan or to
29 implement changes to the current service plan consistent with
30 the court's findings. The new service plan shall be filed
31 with the court and served on all parties within 45 days of
32 the date of the order. The court shall continue the matter
33 until the new service plan is filed. Unless otherwise
34 specifically authorized by law, the court is not empowered
HB1268 Enrolled -1139- LRB9000999EGfg
1 under this subsection (2) or under subsection (3) to order
2 specific placements, specific services, or specific service
3 providers to be included in the plan.
4 A guardian or custodian appointed by the court pursuant
5 to this Act shall file updated case plans with the court
6 every 6 months.
7 Rights of wards of the court under this Act are
8 enforceable against any public agency by complaints for
9 relief by mandamus filed in any proceedings brought under
10 this Act.
11 (3) Following the permanency hearing, the court shall
12 enter a written order that includes the determinations
13 required under subsection (2) of this Section 2-28, and sets
14 forth the following:
15 (a) The future status of the minor, including the
16 permanency goal, and any order necessary to conform the
17 minor's legal custody and status to such determination;
18 or
19 (b) If the permanency goal of the minor cannot be
20 achieved immediately, the specific reasons for continuing
21 the minor in the care of the Department of Children and
22 Family Services or other agency for short term placement,
23 and the following determinations:
24 (i) (Blank).
25 (ii) Whether the services required by the
26 court and by any service plan prepared within the
27 prior 6 months have been provided and (A) if so,
28 whether the services were reasonably calculated to
29 facilitate the achievement of the permanency goal or
30 (B) if not provided, why the services were not
31 provided.
32 (iii) Whether the minor's placement is
33 necessary, and appropriate to the plan and goal,
34 recognizing the right of minors to the least
HB1268 Enrolled -1140- LRB9000999EGfg
1 restrictive (most family-like) setting available and
2 in close proximity to the parents' home consistent
3 with the health, safety, best interest and special
4 needs of the minor and, if the minor is placed
5 out-of-State, whether the out-of-State placement
6 continues to be appropriate and consistent with the
7 health, safety, and best interest of the minor.
8 (iv) (Blank).
9 (v) (Blank).
10 Any order entered pursuant to this subsection (3) shall
11 be immediately appealable as a matter of right under Supreme
12 Court Rule 304(b)(1).
13 (4) The minor or any person interested in the minor may
14 apply to the court for a change in custody of the minor and
15 the appointment of a new custodian or guardian of the person
16 or for the restoration of the minor to the custody of his
17 parents or former guardian or custodian.
18 When return home is not selected as the permanency goal:
19 (a) The State's Attorney or the current foster
20 parent or relative caregiver seeking private guardianship
21 may file a motion for private guardianship of the minor.
22 Appointment of a guardian under this Section requires
23 approval of the court and the Department of Children and
24 Family Services.
25 (b) The State's Attorney may file a motion to
26 terminate parental rights of any parent who has failed to
27 make reasonable efforts to correct the conditions which
28 led to the removal of the child or reasonable progress
29 toward the return of the child, as defined in subdivision
30 (D)(m) of Section 1 of the Adoption Act or for whom any
31 other unfitness ground for terminating parental rights as
32 defined in subdivision (D) of Section 1 of the Adoption
33 Act exists.
34 Custody of the minor shall not be restored to any parent,
HB1268 Enrolled -1141- LRB9000999EGfg
1 guardian or legal custodian in any case in which the minor is
2 found to be neglected or abused under Section 2-3 of this
3 Act, unless the minor can be cared for at home without
4 endangering his or her health or safety and it is in the best
5 interest of the minor, and if such neglect or abuse is found
6 by the court under paragraph (2) of Section 2-21 of this Act
7 to be the result of physical abuse inflicted on the minor by
8 such parent, guardian or legal custodian, until such time as
9 an investigation is made as provided in paragraph (4) and a
10 hearing is held on the issue of the health, safety and best
11 interest of the minor and the fitness of such parent,
12 guardian or legal custodian to care for the minor and the
13 court enters an order that such parent, guardian or legal
14 custodian is fit to care for the minor. In the event that
15 the minor has attained 18 years of age and the guardian or
16 custodian petitions the court for an order terminating his
17 guardianship or custody, guardianship or custody shall
18 terminate automatically 30 days after the receipt of the
19 petition unless the court orders otherwise. No legal
20 custodian or guardian of the person may be removed without
21 his consent until given notice and an opportunity to be heard
22 by the court.
23 When the court orders a child restored to the custody of
24 the parent or parents, the court shall order the parent or
25 parents to cooperate with the Department of Children and
26 Family Services and comply with the terms of an after-care
27 plan, or risk the loss of custody of the child and possible
28 termination of their parental rights. The court may also
29 enter an order of protective supervision in accordance with
30 Section 2-24.
31 (5) Whenever a parent, guardian, or legal custodian
32 files a motion for restoration of custody of the minor, and
33 the minor was adjudicated neglected or abused as a result of
34 physical abuse, the court shall cause to be made an
HB1268 Enrolled -1142- LRB9000999EGfg
1 investigation as to whether the movant has ever been charged
2 with or convicted of any criminal offense which would
3 indicate the likelihood of any further physical abuse to the
4 minor. Evidence of such criminal convictions shall be taken
5 into account in determining whether the minor can be cared
6 for at home without endangering his or her health or safety
7 and fitness of the parent, guardian, or legal custodian.
8 (a) Any agency of this State or any subdivision
9 thereof shall co-operate with the agent of the court in
10 providing any information sought in the investigation.
11 (b) The information derived from the investigation
12 and any conclusions or recommendations derived from the
13 information shall be provided to the parent, guardian, or
14 legal custodian seeking restoration of custody prior to
15 the hearing on fitness and the movant shall have an
16 opportunity at the hearing to refute the information or
17 contest its significance.
18 (c) All information obtained from any investigation
19 shall be confidential as provided in Section 1-10 of this
20 Act.
21 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
22 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
23 90-87, eff. 9-1-97; revised 11-12-97.)
24 (705 ILCS 405/2-28.01)
25 Sec. 2-28.01. Court review in counties with a population
26 of 3,000,000 or more.
27 (a) This Section applies in counties with a population
28 of 3,000,000 or more.
29 (b) The court may require any legal custodian or
30 guardian of the person appointed under this Act to report
31 periodically to the court or may cite him or her into court
32 and require him or her, or his or her agency, to make a full
33 and accurate report of his or her or its doings in behalf of
HB1268 Enrolled -1143- LRB9000999EGfg
1 the minor. The custodian or guardian, within 10 days after
2 the citation, shall make the report, either in writing
3 verified by affidavit or orally under oath in open court, or
4 otherwise as the court directs. Upon the hearing of the
5 report, the court may remove the custodian or guardian and
6 appoint another in his or her stead or restore the minor to
7 the custody of his or her parents or former guardian or
8 custodian. However, custody of the minor shall not be
9 restored to any parent, guardian, or legal custodian in any
10 case in which the minor is found to be neglected or abused
11 under Section 2-3 of this Act, unless the minor can be cared
12 for at home without endangering the minor's health or safety
13 and it is in the best interests of the minor, and if the
14 neglect or abuse is found by the court under paragraph (2) of
15 Section 2-21 of this Act to be the result of physical abuse
16 inflicted on the minor by the parent, guardian, or legal
17 custodian, until such time as an investigation is made as
18 provided in paragraph (g) of this Section and a hearing is
19 held on the issue of the fitness of the parent, guardian, or
20 legal custodian to care for the minor and the court enters an
21 order that the parent, guardian, or legal custodian is fit to
22 care for the minor.
23 (c) The first permanency hearing shall be conducted by a
24 judge. Subsequent permanency hearings may be heard by a
25 judge or by a hearing officer appointed or approved by the
26 court in the manner set forth in Section 2-28.1 of this Act.
27 The initial hearing shall be held within 12 months from the
28 date temporary custody was taken. Permanency hearings shall
29 be held every 6 months or more frequently if necessary in the
30 court's determination following the initial permanency
31 hearing, in accordance with the standards set forth in this
32 Section, until the court determines that the plan and goal
33 have been achieved. Once the plan and goal have been
34 achieved, if the minor remains in substitute care, the case
HB1268 Enrolled -1144- LRB9000999EGfg
1 shall be reviewed at least every 6 months thereafter, subject
2 to the provisions of this Section, unless the minor is placed
3 in the guardianship of a suitable relative or other person
4 and the court determines that further monitoring by the court
5 does not further the health, safety or best interest of the
6 child and that this is a stable permanent placement. The
7 permanency hearings must occur within the time frames set
8 forth in this subsection and may not be delayed in
9 anticipation of a report from any source, or due to the
10 agency's failure to timely file its written report (this
11 written report means the one required under the next
12 paragraph and does not mean the service plan also referred to
13 in that paragraph).
14 (1) The public agency that is the custodian or
15 guardian of the minor, or another agency responsible for
16 the minor's care, shall ensure that all parties to the
17 permanency hearings are provided a copy of the most
18 recent service plan prepared within the prior 6 months at
19 least 14 days in advance of the hearing. If not
20 contained in the plan, the agency shall also include a
21 report setting forth (i) any special physical,
22 psychological, educational, medical, emotional, or other
23 needs of the minor or his or her family that are relevant
24 to a permanency or placement determination and (ii) for
25 any minor age 16 years or over, a written description of
26 the programs and services that will enable the minor to
27 prepare for independent living. The agency's written
28 report must detail what progress or lack of progress the
29 parent has made in correcting the conditions requiring
30 the child to be in care; whether the child can be
31 returned home without jeopardizing the child's health,
32 safety, and welfare, and if not, what permanency goal is
33 recommended to be in the best interests of the child, and
34 why the other permanency goals are not appropriate. The
HB1268 Enrolled -1145- LRB9000999EGfg
1 caseworker must appear and testify at the permanency
2 hearing. If a permanency review hearing has not
3 previously been scheduled by the court, the moving party
4 shall move for the setting of a permanency hearing and
5 the entry of an order within the time frames set forth in
6 this subsection (c).
7 (2) At the permanency hearing, the court shall
8 determine the future status of the child. The court
9 shall set one of the following permanency goals:
10 (A) The minor will be returned home by a
11 specific date within 5 months.
12 (B)(1) The minor will be in short-term care
13 with a continued goal to return home within a period
14 not to exceed one year, when the progress of the
15 parent or parents is substantial giving particular
16 consideration to the age and individual needs of the
17 minor, or
18 (2) If the permanency hearing is held less
19 than 9 months after adjudication and the court finds
20 that the parent or parents have not made substantial
21 progress the court may:
22 (i) make a finding regarding reasonable
23 progress or efforts at that point;
24 (ii) when appropriate identify what
25 actions the parent or the Department of
26 Children and Family Services must take in order
27 to justify a finding of reasonable efforts and
28 reasonable progress; and
29 (iii) enter an order continuing the
30 permanency hearing to a date not earlier than 9
31 months from the date of the adjudication nor
32 later than 11 months from the date of the
33 adjudication.
34 (C) The minor will be in substitute care
HB1268 Enrolled -1146- LRB9000999EGfg
1 pending court determination on termination of
2 parental rights.
3 (D) Adoption, provided that parental rights
4 have been terminated or relinquished.
5 (E) The guardianship of the minor will be
6 transferred to an individual or couple on a
7 permanent basis provided that goals (A) through (D)
8 have been ruled out.
9 (F) The minor over age 12 will be in
10 substitute care pending independence.
11 (G) The minor will be in substitute care
12 because he or she cannot be provided for in a home
13 environment due to developmental disabilities or
14 mental illness or because he or she is a danger to
15 self or others, provided that goals (A) through (D)
16 have been ruled out.
17 In selecting any permanency goal, the court shall
18 indicate in writing the reasons the goal was selected and
19 why the preceding goals were ruled out. If the court has
20 selected a permanency goal other than (A) or (B) the
21 Department of Children and Family Services shall not
22 provide further reunification services, but shall provide
23 services consistent with the goal selected.
24 The court shall consider the following factors when
25 setting the permanency goal:
26 (i) Age of the child.
27 (ii) Options available for permanence.
28 (iii) Current placement of the child and the
29 intent of the family regarding adoption.
30 (iv) Emotional, physical, and mental status or
31 condition of the child.
32 (v) Types of services previously offered and
33 whether or not the services were successful and, if
34 not successful, the reasons the services failed.
HB1268 Enrolled -1147- LRB9000999EGfg
1 (vi) Availability of services currently needed
2 and whether the services exist.
3 (vii) Status of siblings of the minor.
4 (3) The court shall consider (i) the permanency
5 goal contained in the service case plan, (ii) the
6 appropriateness of the services contained in the plan and
7 whether those services have been provided, (iii) whether
8 reasonable efforts have been made by all the parties to
9 the service plan to achieve the goal, and (iv) whether
10 the plan and goal have been achieved.
11 (4) All evidence relevant to determining these
12 questions, including oral and written reports, may be
13 admitted and may be relied on to the extent of their
14 probative value.
15 (d) If the goal has been achieved, the court shall enter
16 orders that are necessary to conform the minor's legal
17 custody and status to those findings.
18 If, after receiving evidence, the court determines that
19 the services contained in the plan are not reasonably
20 calculated to facilitate achievement of the permanency goal,
21 the court shall put in writing the factual basis supporting
22 the determination and enter specific findings based on the
23 evidence. The court also shall enter an order for the
24 Department to develop and implement a new service plan or to
25 implement changes to the current service plan consistent with
26 the court's findings. The new service plan shall be filed
27 with the court and served on all parties within 45 days after
28 the date of the order. The court shall continue the matter
29 until the new service plan is filed. Unless otherwise
30 specifically authorized by law, the court is not empowered
31 under this subsection (d) or under subsection (c) or (e) to
32 order specific placements, specific services, or specific
33 service providers to be included in the plan.
34 A guardian or custodian appointed by the court pursuant
HB1268 Enrolled -1148- LRB9000999EGfg
1 to this Act shall file updated case plans with the court
2 every 6 months.
3 Rights of wards of the court under this Act are
4 enforceable against any public agency by complaints for
5 relief by mandamus filed in any proceedings brought under
6 this Act.
7 (e) Following the permanency hearing, the court shall
8 enter a written order that includes the determinations
9 required under subsections (c) and (d) of this Section and
10 sets forth the following an order setting forth the following
11 determinations in writing:
12 (1) The future status of the minor, including the
13 permanency goal, and any orders necessary to conform the
14 minor's legal custody and status to the determination; or
15 (2) If the permanency goal of the minor cannot be
16 achieved immediately, the specific reasons for continuing
17 the minor in the care of the Department of Children and
18 Family Services or other agency for short term placement,
19 and the following determinations:
20 (A) Whether the services required by the court
21 and by any service plan prepared within the prior 6
22 months have been provided and (i) if so, whether the
23 services were reasonably calculated to facilitate
24 the achievement of the permanency goal or (ii) if
25 not provided, why the services were not provided.
26 (B) Whether the minor's placement is
27 necessary, and appropriate to the plan and goal,
28 recognizing the right of minors to the least
29 restrictive (most family-like) setting available and
30 in close proximity to the parents' home consistent
31 with the health, safety, best interest and special
32 needs of the minor and, if the minor is placed
33 out-of-State, whether the out-of-State placement
34 continues to be appropriate and consistent with in
HB1268 Enrolled -1149- LRB9000999EGfg
1 the health, safety, and best interest of the minor.
2 Any order entered pursuant to this subsection (e) shall
3 be immediately appealable as a matter of right under Supreme
4 Court Rule 304(b)(1).
5 (f) The minor or any person interested in the minor may
6 apply to the court for a change in custody of the minor and
7 the appointment of a new custodian or guardian of the person
8 or for the restoration of the minor to the custody of his or
9 her parents or former guardian or custodian.
10 When return home is not selected as the permanency goal:
11 (1) The State's Attorney or the current foster
12 parent or relative caregiver seeking private guardianship
13 may file a motion for private guardianship of the minor.
14 Appointment of a guardian under this Section requires
15 approval of the court and the Department of Children and
16 Family Services.
17 (2) The State's Attorney may file a motion to
18 terminate parental rights of any parent who has failed to
19 make reasonable efforts to correct the conditions which
20 led to the removal of the child or reasonable progress
21 toward the return of the child, as defined in subdivision
22 (D)(m) of Section 1 of the Adoption Act or for whom any
23 other unfitness ground for terminating parental rights as
24 defined in subdivision (D) of Section 1 of the Adoption
25 Act exists.
26 However, Custody of the minor shall not be restored to any
27 parent, guardian, or legal custodian in any case in which the
28 minor is found to be neglected or abused under Section 2-3 of
29 this Act, unless the minor can be cared for at home without
30 endangering his or her health or safety and it is in the best
31 interest of the minor, and if the neglect or abuse is found
32 by the court under paragraph (2) of Section 2-21 of this Act
33 to be the result of physical abuse inflicted on the minor by
34 the parent, guardian, or legal custodian, until such time as
HB1268 Enrolled -1150- LRB9000999EGfg
1 an investigation is made as provided in paragraph (g) and a
2 hearing is held on the issue of the health, safety and best
3 interest of the minor and the fitness of the parent,
4 guardian, or legal custodian to care for the minor and the
5 court enters an order that the parent, guardian, or legal
6 custodian is fit to care for the minor. In the event that
7 the minor has attained 18 years of age and the guardian or
8 custodian petitions the court for an order terminating his or
9 her guardianship or custody, guardianship or custody shall
10 terminate automatically 30 days after the receipt of the
11 petition unless the court orders otherwise. No legal
12 custodian or guardian of the person may be removed without
13 his or her consent until given notice and an opportunity to
14 be heard by the court.
15 When the court orders a child restored to the custody of
16 the parent or parents, the court shall order the parent or
17 parents to cooperate with the Department of Children and
18 Family Services and comply with the terms of an after-care
19 plan, or risk the loss of custody of the child and possible
20 termination of their parental rights. The court may also
21 enter an order of protective supervision in accordance with
22 Section 2-24.
23 (g) Whenever a parent, guardian, or legal custodian
24 files a motion petitions for restoration of custody of the
25 minor, and the minor was adjudicated neglected or abused as a
26 result of physical abuse, the court shall cause to be made an
27 investigation as to whether the movant petitioner has ever
28 been charged with or convicted of any criminal offense that
29 would indicate the likelihood of any further physical abuse
30 to the minor. Evidence of these criminal convictions shall
31 be taken into account in determining whether the minor can be
32 cared for at home without endangering his or her health or
33 safety and the fitness of the parent, guardian, or legal
34 custodian.
HB1268 Enrolled -1151- LRB9000999EGfg
1 (1) Any agency of this State or any subdivision of
2 the State shall cooperate with the agent of the court in
3 providing any information sought in the investigation.
4 (2) The information derived from the investigation
5 and any conclusions or recommendations derived from the
6 information shall be provided to the parent, guardian, or
7 legal custodian seeking restoration of custody prior to
8 the hearing on fitness and the movant petitioner shall
9 have an opportunity at the hearing to refute the
10 information or contest its significance.
11 (3) All information obtained from any investigation
12 shall be confidential as provided in Section 1-10 of this
13 Act.
14 (Source: P.A. 90-87, eff. 9-1-97; revised 11-12-97.)
15 (705 ILCS 405/2-28.1)
16 Sec. 2-28.1. Permanency hearings; before hearing
17 officers.
18 (a) The chief judge of the circuit court may appoint
19 hearing officers to conduct the permanency hearings set forth
20 in subsection (2) of Section 2-28 or subsection (c) of
21 Section 2-28.01 of this Act, in accordance with the
22 provisions of this Section. The hearing officers shall be
23 attorneys with at least 3 years experience in child abuse and
24 neglect or permanency planning and in counties with a
25 population of 3,000,000 or more, admitted to practice for at
26 least 7 years. Once trained by the court, hearing officers
27 shall be authorized to do the following:
28 (1) Conduct a fair and impartial hearing.
29 (2) Summon and compel the attendance of witnesses.
30 (3) Administer the oath or affirmation and take
31 testimony under oath or affirmation.
32 (4) Require the production of evidence relevant to
33 the permanency hearing to be conducted. That evidence
HB1268 Enrolled -1152- LRB9000999EGfg
1 may include, but need not be limited to case plans,
2 social histories, medical and psychological evaluations,
3 child placement histories, visitation records, and other
4 documents and writings applicable to those items.
5 (5) Rule on the admissibility of evidence using the
6 standard applied at a dispositional hearing under Section
7 2-22 of this Act.
8 (6) When necessary, cause notices to be issued
9 requiring parties, the public agency that is custodian or
10 guardian of the minor, or another agency responsible for
11 the minor's care to appear either before the hearing
12 officer or in court.
13 (7) Analyze the evidence presented to the hearing
14 officer and prepare written recommended orders, including
15 findings of fact, based on the evidence.
16 (8) Prior to the hearing, conduct any pre-hearings
17 that may be necessary.
18 (9) Conduct in camera interviews with children when
19 requested by a child or the child's guardian ad litem.
20 In counties with a population of 3,000,000 or more, hearing
21 officers shall also be authorized to do the following:
22 (i) (1) (10) Accept specific consents for adoption
23 or surrenders of parental rights from a parent or
24 parents.
25 (ii) (2) (11) Conduct hearings on the progress made
26 toward the permanency goal set for the minor.
27 (iii) (3) (12) Perform other duties as assigned by
28 the court.
29 (b) The hearing officer shall consider evidence and
30 conduct the permanency hearings as set forth in subsections
31 (2) and (3) of Section 2-28 or subsection (c) of Section
32 2-28.01 of this Act in accordance with the standards set
33 forth therein. The hearing officer shall assure that a
34 verbatim record of the proceedings is made and retained for a
HB1268 Enrolled -1153- LRB9000999EGfg
1 period of 12 months or until the next permanency hearing,
2 whichever date is later, and shall direct to the clerk of the
3 court all documents and evidence to be made part of the court
4 file. The hearing officer shall inform the participants of
5 their individual rights and responsibilities. The hearing
6 officer shall identify the issues to be reviewed under
7 subsection (2) of Section 2-28 or subsection (c) of Section
8 2-28.01, consider all relevant facts, and receive or request
9 any additional information necessary to make recommendations
10 to the court.
11 If a party fails to appear at the hearing, the hearing
12 officer may proceed to the permanency hearing with the
13 parties present at the hearing. The hearing officer shall
14 specifically note for the court the absence of any parties.
15 If all parties are present at the permanency hearing, and the
16 parties and the Department are in agreement that the service
17 plan and permanency goal are appropriate or are in agreement
18 that the permanency goal for the child has been achieved, the
19 hearing officer shall prepare a recommended order, including
20 findings of fact, to be submitted to the court, and all
21 parties and the Department shall sign the recommended order
22 at the time of the hearing. The recommended order will then
23 be submitted to the court for its immediate consideration and
24 the entry of an appropriate order.
25 The court may enter an order consistent with the
26 recommended order without further hearing or notice to the
27 parties, may refer the matter to the hearing officer for
28 further proceedings, or may hold such additional hearings as
29 the court deems necessary. All parties present at the
30 hearing and the Department shall be tendered a copy of the
31 court's order at the conclusion of the hearing.
32 (c) If one or more parties are not present at the
33 permanency hearing, or any party or the Department of
34 Children and Family Services objects to the hearing officer's
HB1268 Enrolled -1154- LRB9000999EGfg
1 recommended order, including any findings of fact, the
2 hearing officer shall set the matter for a judicial
3 determination within 30 days of the permanency hearing for
4 the entry of the recommended order or for receipt of the
5 parties' objections. Any objections shall identify the
6 specific findings or recommendations that are contested, the
7 basis for the objections, and the evidence or applicable law
8 supporting the objection. The recommended order and its
9 contents may not be disclosed to anyone other than the
10 parties and the Department or other agency unless otherwise
11 specifically ordered by a judge of the court.
12 Following the receipt of objections consistent with this
13 subsection from any party or the Department of Children and
14 Family Services to the hearing officer's recommended orders,
15 the court shall make a judicial determination of those
16 portions of the order to which objections were made, and
17 shall enter an appropriate order. The court may refuse to
18 review any objections that fail to meet the requirements of
19 this subsection.
20 (d) The following are judicial functions and shall be
21 performed only by a circuit judge or associate judge:
22 (1) Review of the recommended orders of the hearing
23 officer and entry of orders the court deems appropriate.
24 (2) Conduct of judicial hearings on all pre-hearing
25 motions and other matters that require a court order and
26 entry of orders as the court deems appropriate.
27 (3) Conduct of judicial determinations on all
28 matters in which the parties or the Department of
29 Children and Family Services disagree with the hearing
30 officer's recommended orders under subsection (3).
31 (4) Issuance of rules to show cause, conduct of
32 contempt proceedings, and imposition of appropriate
33 sanctions or relief.
34 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
HB1268 Enrolled -1155- LRB9000999EGfg
1 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
2 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
3 Sec. 2-31. Duration of wardship and discharge of
4 proceedings.
5 (1) All proceedings under this Act in respect of any
6 minor for whom a petition was filed after the effective date
7 of this amendatory Act of 1991 automatically terminate upon
8 his attaining the age of 19 years, except that a court may
9 continue the wardship of a minor until age 21 for good cause
10 when there is satisfactory evidence presented to the court
11 and the court makes written factual findings that the health,
12 safety, and best interest of the minor and the public require
13 the continuation of the wardship.
14 (2) Whenever the court determines, and makes written
15 factual findings, that health, safety, and the best interests
16 of the minor and the public no longer require the wardship of
17 the court, the court shall order the wardship terminated and
18 all proceedings under this Act respecting that minor finally
19 closed and discharged. The court may at the same time
20 continue or terminate any custodianship or guardianship
21 theretofore ordered but the termination must be made in
22 compliance with Section 2-28 or 2-28.01, whichever is
23 applicable.
24 (3) The wardship of the minor and any custodianship or
25 guardianship respecting the minor for whom a petition was
26 filed after the effective date of this amendatory Act of 1991
27 automatically terminates when he attains the age of 19 years
28 except as set forth in subsection (1) of this Section. The
29 clerk of the court shall at that time record all proceedings
30 under this Act as finally closed and discharged for that
31 reason.
32 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
HB1268 Enrolled -1156- LRB9000999EGfg
1 (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
2 Sec. 3-26. Order of protection.
3 (1) The court may make an order of protection in
4 assistance of or as a condition of any other order authorized
5 by this Act. The order of protection may set forth reasonable
6 conditions of behavior to be observed for a specified period.
7 Such an order may require a person:
8 (a) To stay away from the home or the minor;
9 (b) To permit a parent to visit the minor at stated
10 periods;
11 (c) To abstain from offensive conduct against the
12 minor, his parent or any person to whom custody of the
13 minor is awarded;
14 (d) To give proper attention to the care of the
15 home;
16 (e) To cooperate in good faith with an agency to
17 which custody of a minor is entrusted by the court or
18 with an agency or association to which the minor is
19 referred by the court;
20 (f) To prohibit and prevent any contact whatsoever
21 with the respondent minor by a specified individual or
22 individuals who are alleged in either a criminal or
23 juvenile proceeding to have caused injury to a respondent
24 minor or a sibling of a respondent minor;
25 (g) To refrain from acts of commission or omission
26 that tend to make the home not a proper place for the
27 minor.
28 (2) The court shall enter an order of protection to
29 prohibit and prevent any contact between a respondent minor
30 or a sibling of a respondent minor and any person named in a
31 petition seeking an order of protection who has been
32 convicted of heinous battery under Section 12-4.1, aggravated
33 battery of a child under Section 12-4.3, criminal sexual
34 assault under Section 12-13, aggravated criminal sexual
HB1268 Enrolled -1157- LRB9000999EGfg
1 assault under Section 12-14, predatory criminal sexual
2 assault of a child under Section 12-14.1, criminal sexual
3 abuse under Section 12-15, or aggravated criminal sexual
4 abuse under Section 12-16 of the Criminal Code of 1961, or
5 has been convicted of an offense that resulted in the death
6 of a child, or has violated a previous order of protection
7 under this Section.
8 (3) When the court issues an order of protection against
9 any person as provided by this Section, the court shall
10 direct a copy of such order to the Sheriff of that county.
11 The Sheriff shall furnish a copy of the order of protection
12 to the Department of State Police within with 24 hours of
13 receipt, in the form and manner required by the Department.
14 The Department of State Police shall maintain a complete
15 record and index of such orders of protection and make this
16 data available to all local law enforcement agencies.
17 (4) After notice and opportunity for hearing afforded to
18 a person subject to an order of protection, the order may be
19 modified or extended for a further specified period or both
20 or may be terminated if the court finds that the best
21 interests of the minor and the public will be served thereby.
22 (5) An order of protection may be sought at any time
23 during the course of any proceeding conducted pursuant to
24 this Act. Any person against whom an order of protection is
25 sought may retain counsel to represent him at a hearing, and
26 has rights to be present at the hearing, to be informed prior
27 to the hearing in writing of the contents of the petition
28 seeking a protective order and of the date, place and time of
29 such hearing, and to cross examine witnesses called by the
30 petitioner and to present witnesses and argument in
31 opposition to the relief sought in the petition.
32 (6) Diligent efforts shall be made by the petitioner to
33 serve any person or persons against whom any order of
34 protection is sought with written notice of the contents of
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1 the petition seeking a protective order and of the date,
2 place and time at which the hearing on the petition is to be
3 held. When a protective order is being sought in conjunction
4 with a shelter care hearing, if the court finds that the
5 person against whom the protective order is being sought has
6 been notified of the hearing or that diligent efforts have
7 been made to notify such person, the court may conduct a
8 hearing. If a protective order is sought at any time other
9 than in conjunction with a shelter care hearing, the court
10 may not conduct a hearing on the petition in the absence of
11 the person against whom the order is sought unless the
12 petitioner has notified such person by personal service at
13 least 3 days before the hearing or has sent written notice by
14 first class mail to such person's last known address at least
15 5 days before the hearing.
16 (7) A person against whom an order of protection is
17 being sought who is neither a parent, guardian, legal
18 custodian or responsible relative as described in Section 1-5
19 is not a party or respondent as defined in that Section and
20 shall not be entitled to the rights provided therein. Such
21 person does not have a right to appointed counsel or to be
22 present at any hearing other than the hearing in which the
23 order of protection is being sought or a hearing directly
24 pertaining to that order. Unless the court orders otherwise,
25 such person does not have a right to inspect the court file.
26 (8) All protective orders entered under this Section
27 shall be in writing. Unless the person against whom the
28 order was obtained was present in court when the order was
29 issued, the sheriff, other law enforcement official or
30 special process server shall promptly serve that order upon
31 that person and file proof of such service, in the manner
32 provided for service of process in civil proceedings. The
33 person against whom the protective order was obtained may
34 seek a modification of the order by filing a written motion
HB1268 Enrolled -1159- LRB9000999EGfg
1 to modify the order within 7 days after actual receipt by the
2 person of a copy of the order.
3 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
4 revised 12-18-97.)
5 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
6 Sec. 3-33. Truant Minor in Need of Supervision.
7 (a) Definition. A minor who is reported by a regional
8 superintendent of schools, or in cities of over 500,000
9 inhabitants, by the Office of Chronic Truant Adjudication, as
10 a chronic truant shall be adjudged a truant minor in need of
11 supervision.
12 (a-1) There is a rebuttable presumption that a chronic
13 truant is a truant minor in need of supervision.
14 (a-2) There is a rebuttable presumption that school
15 records of a minor's attendance at school are authentic.
16 (a-3) For purposes of this Section, "chronic truant" has
17 the meaning ascribed to it in Section 26-2a of the School
18 Code.
19 (b) Kinds of dispositional orders. A minor found to be
20 a truant minor in need of supervision may be:
21 (1) committed to the appropriate regional
22 superintendent of schools for a multi-disciplinary case
23 staffing, individualized educational plan or service plan, or
24 referral to comprehensive community-based youth services;
25 (2) required to comply with an individualized
26 educational plan or service plan as specifically provided by
27 the appropriate regional superintendent of schools;
28 (3) ordered to obtain counseling or other supportive
29 services;
30 (4) subject to a fine in an amount in excess of $5, but
31 not exceeding $100, and each day of absence without valid
32 cause as defined in Section 26-2a of The School Code is a
33 separate offense;
HB1268 Enrolled -1160- LRB9000999EGfg
1 (5) required to perform some reasonable public service
2 work such as, but not limited to, the picking up of litter in
3 public parks or along public highways or the maintenance of
4 public facilities; or
5 (6) subject to having his or her driver's license or
6 privilege suspended.
7 A dispositional order may include a fine, public service,
8 or suspension of a driver's license or privilege only if the
9 court has made an express written finding that a truancy
10 prevention program has been offered by the school, regional
11 superintendent of schools, or a community social service
12 agency to the truant minor in need of supervision.
13 (c) Orders entered under this Section may be enforced by
14 contempt proceedings.
15 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
16 revised 10-23-97.)
17 (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
18 Sec. 4-23. Order of protection.
19 (1) The court may make an order of protection in
20 assistance of or as a condition of any other order authorized
21 by this Act. The order of protection may set forth reasonable
22 conditions of behavior to be observed for a specified period.
23 Such an order may require a person:
24 (a) To stay away from the home or the minor;
25 (b) To permit a parent to visit the minor at stated
26 periods;
27 (c) To abstain from offensive conduct against the
28 minor, his parent or any person to whom custody of the
29 minor is awarded;
30 (d) To give proper attention to the care of the
31 home;
32 (e) To cooperate in good faith with an agency to
33 which custody of a minor is entrusted by the court or
HB1268 Enrolled -1161- LRB9000999EGfg
1 with an agency or association to which the minor is
2 referred by the court;
3 (f) To prohibit and prevent any contact whatsoever
4 with the respondent minor by a specified individual or
5 individuals who are alleged in either a criminal or
6 juvenile proceeding to have caused injury to a respondent
7 minor or a sibling of a respondent minor;
8 (g) To refrain from acts of commission or omission
9 that tend to make the home not a proper place for the
10 minor.
11 (2) The court shall enter an order of protection to
12 prohibit and prevent any contact between a respondent minor
13 or a sibling of a respondent minor and any person named in a
14 petition seeking an order of protection who has been
15 convicted of heinous battery under Section 12-4.1, aggravated
16 battery of a child under Section 12-4.3, criminal sexual
17 assault under Section 12-13, aggravated criminal sexual
18 assault under Section 12-14, predatory criminal sexual
19 assault of a child under Section 12-14.1, criminal sexual
20 abuse under Section 12-15, or aggravated criminal sexual
21 abuse under Section 12-16 of the Criminal Code of 1961, or
22 has been convicted of an offense that resulted in the death
23 of a child, or has violated a previous order of protection
24 under this Section.
25 (3) When the court issues an order of protection against
26 any person as provided by this Section, the court shall
27 direct a copy of such order to the Sheriff of that county.
28 The Sheriff shall furnish a copy of the order of protection
29 to the Department of State Police within with 24 hours of
30 receipt, in the form and manner required by the Department.
31 The Department of State Police shall maintain a complete
32 record and index of such orders of protection and make this
33 data available to all local law enforcement agencies.
34 (4) After notice and opportunity for hearing afforded to
HB1268 Enrolled -1162- LRB9000999EGfg
1 a person subject to an order of protection, the order may be
2 modified or extended for a further specified period or both
3 or may be terminated if the court finds that the best
4 interests of the minor and the public will be served thereby.
5 (5) An order of protection may be sought at any time
6 during the course of any proceeding conducted pursuant to
7 this Act. Any person against whom an order of protection is
8 sought may retain counsel to represent him at a hearing, and
9 has rights to be present at the hearing, to be informed prior
10 to the hearing in writing of the contents of the petition
11 seeking a protective order and of the date, place and time of
12 such hearing, and to cross examine witnesses called by the
13 petitioner and to present witnesses and argument in
14 opposition to the relief sought in the petition.
15 (6) Diligent efforts shall be made by the petitioner to
16 serve any person or persons against whom any order of
17 protection is sought with written notice of the contents of
18 the petition seeking a protective order and of the date,
19 place and time at which the hearing on the petition is to be
20 held. When a protective order is being sought in conjunction
21 with a shelter care hearing, if the court finds that the
22 person against whom the protective order is being sought has
23 been notified of the hearing or that diligent efforts have
24 been made to notify such person, the court may conduct a
25 hearing. If a protective order is sought at any time other
26 than in conjunction with a shelter care hearing, the court
27 may not conduct a hearing on the petition in the absence of
28 the person against whom the order is sought unless the
29 petitioner has notified such person by personal service at
30 least 3 days before the hearing or has sent written notice by
31 first class mail to such person's last known address at least
32 5 days before the hearing.
33 (7) A person against whom an order of protection is
34 being sought who is neither a parent, guardian, legal
HB1268 Enrolled -1163- LRB9000999EGfg
1 custodian or responsible relative as described in Section 1-5
2 is not a party or respondent as defined in that Section and
3 shall not be entitled to the rights provided therein. Such
4 person does not have a right to appointed counsel or to be
5 present at any hearing other than the hearing in which the
6 order of protection is being sought or a hearing directly
7 pertaining to that order. Unless the court orders otherwise,
8 such person does not have a right to inspect the court file.
9 (8) All protective orders entered under this Section
10 shall be in writing. Unless the person against whom the
11 order was obtained was present in court when the order was
12 issued, the sheriff, other law enforcement official or
13 special process server shall promptly serve that order upon
14 that person and file proof of such service, in the manner
15 provided for service of process in civil proceedings. The
16 person against whom the protective order was obtained may
17 seek a modification of the order by filing a written motion
18 to modify the order within 7 days after actual receipt by the
19 person of a copy of the order.
20 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
21 revised 12-18-97.)
22 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
23 Sec. 6-9. Enforcement of liability of parents and
24 others.
25 (1) If parentage is at issue in any proceeding under
26 this Act, the Illinois Parentage Act of 1984 shall apply and
27 the court shall enter orders consistent with that Act. If it
28 appears at any hearing that a parent or any other person
29 named in the petition, liable under the law for the support
30 of the minor, is able to contribute to his or her support,
31 the court shall enter an order requiring that parent or other
32 person to pay the clerk of the court, or to the guardian or
33 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
HB1268 Enrolled -1164- LRB9000999EGfg
1 a reasonable sum from time to time for the care, support and
2 necessary special care or treatment, of the minor. The court
3 may require reasonable security for the payments. Upon
4 failure to pay, the court may enforce obedience to the order
5 by a proceeding as for contempt of court.
6 If it appears that the person liable for the support of
7 the minor is able to contribute to legal fees for
8 representation of the minor, the court shall enter an order
9 requiring that person to pay a reasonable sum for the
10 representation, to the attorney providing the representation
11 or to the clerk of the court for deposit in the appropriate
12 account or fund. The sum may be paid as the court directs,
13 and the payment thereof secured and enforced as provided in
14 this Section for support.
15 If it appears at the detention or shelter care hearing of
16 a minor before the court under Section 5-10 that a parent or
17 any other person liable for support of the minor is able to
18 contribute to his or her support, that parent or other person
19 shall be required to pay a fee for room and board at a rate
20 not to exceed $10 per day established, with the concurrence
21 of the chief judge of the judicial circuit, by the county
22 board of the county in which the minor is detained unless the
23 court determines that it is in the best interest and welfare
24 of the minor to waive the fee. The concurrence of the chief
25 judge shall be in the form of an administrative order. Each
26 week, on a day designated by the clerk of the circuit court,
27 that parent or other person shall pay the clerk for the
28 minor's room and board. All fees for room and board
29 collected by the circuit court clerk shall be disbursed into
30 the separate county fund under Section 6-7.
31 Upon application, the court shall waive liability for
32 support or legal fees under this Section if the parent or
33 other person establishes that he or she is indigent and
34 unable to pay the incurred liability, and the court may
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1 reduce or waive liability if the parent or other person
2 establishes circumstances showing that full payment of
3 support or legal fees would result in financial hardship to
4 the person or his or her family.
5 (2) When a person so ordered to pay for the care and
6 support of a minor is employed for wages, salary or
7 commission, the court may order him to make the support
8 payments for which he is liable under this Act out of his
9 wages, salary or commission and to assign so much thereof as
10 will pay the support. The court may also order him to make
11 discovery to the court as to his place of employment and the
12 amounts earned by him. Upon his failure to obey the orders of
13 court he may be punished as for contempt of court.
14 (3) If the minor is a recipient of public aid under the
15 Illinois Public Aid Code, the court shall order that payments
16 made by a parent or through assignment of his wages, salary
17 or commission be made directly to (a) the Illinois Department
18 of Public Aid if the minor is a recipient of aid under
19 Article V of the Code, (b) the Department of Human Services
20 if the minor is a recipient of aid under Article IV of the
21 Code, or (c) the local governmental unit responsible for the
22 support of the minor if he is a recipient under Articles VI
23 or VII of the Code. The order shall permit the Illinois
24 Department of Public Aid, the Department of Human Services,
25 or the local governmental unit, as the case may be, to direct
26 that subsequent payments be made directly to the guardian or
27 custodian of the minor, or to some other person or agency in
28 the minor's behalf, upon removal of the minor from the public
29 aid rolls; and upon such direction and removal of the minor
30 from the public aid rolls, the Illinois Department of Public
31 Aid, Department of Human Services, or local governmental
32 unit, as the case requires, shall give written notice of such
33 action to the court. Payments received by the Illinois
34 Department of Public Aid, Department of Human Services, or
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1 local governmental unit are to be covered, respectively, into
2 the General Revenue Fund of the State Treasury or General
3 Assistance Fund of the governmental unit, as provided in
4 Section 10-19 of the Illinois Public Aid Code.
5 (Source: P.A. 89-507, eff. 7-1-97; 90-157, eff. 1-1-98;
6 90-483, eff. 1-1-98; revised 11-14-97.)
7 Section 157. The Court of Claims Act is amended by
8 changing Section 21 as follows:
9 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
10 Sec. 21. The court is authorized to impose, by uniform
11 rules, a fee of $15 for the filing of a petition in any case
12 in which the award sought is more than $50 and less than
13 $1,000 and $35 in any case in which the award sought is
14 $1,000 or more; and to charge and collect for copies of
15 opinions or other documents filed in the Court of Claims such
16 fees as may be prescribed by the rules of the Court. All fees
17 and charges so collected shall be forthwith paid into the
18 State Treasury.
19 A petitioner who is a prisoner in an Illinois Department
20 of Corrections facility who files a pleading, motion, or
21 other filing that purports to be a legal document against the
22 State, the Illinois Department of Corrections, the Prisoner
23 Review Board, or any of their officers or employees in which
24 the court makes a specific finding that it is frivolous shall
25 pay all filing fees and court costs in the manner provided in
26 Article XXII of the Code of Civil Procedure.
27 In claims based upon lapsed appropriations or lost
28 warrant or in claims filed under the Law Enforcement
29 Officers, Civil Defense Workers, Civil Air Patrol Members,
30 Paramedics, Firemen, Chaplains, and State Employees
31 Compensation Act, the Illinois National Guardsman's
32 Compensation Act, or the Crime Victims Compensation Act or in
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1 claims filed by medical vendors for medical services rendered
2 by the claimant to persons eligible for Medical Assistance
3 under programs administered by the Illinois Department of
4 Public Aid, no filing fee shall be required.
5 (Source: P.A. 90-492, eff. 8-17-97; 90-505, eff. 8-19-97;
6 revised 11-14-97.)
7 Section 158. The Health Care Arbitration Act is amended
8 by changing Section 2 as follows:
9 (710 ILCS 15/2) (from Ch. 10, par. 202)
10 Sec. 2. (a) Definitions. As used in this Act:
11 (a) "Health care provider" means a person, partnership,
12 corporation, or other entity lawfully engaged in the practice
13 of medicine, surgery, chiropractic chiropractics, dentistry,
14 podiatry, optometry, physical therapy or nursing.
15 (b) "Hospital" means a person, partnership, corporation
16 or other entity lawfully engaged in the operation or
17 administration of a hospital, clinic, nursing home or
18 sanitarium.
19 (c) "Supplier" means a person, corporation, partnership
20 or other entity that has manufactured, designed, distributed,
21 sold, or otherwise provided any medication, device,
22 equipment, service, or other product used in the diagnosis or
23 treatment of a patient.
24 (d) "Health care arbitration agreement" or "agreement"
25 means a written agreement between a patient and a hospital or
26 health care provider to submit to binding arbitration a claim
27 for damages arising out of (1) injuries alleged to have been
28 received by a patient or (2) death of a patient, due to
29 hospital or health care provider negligence or other wrongful
30 act, but not including intentional torts.
31 (Source: P.A. 80-1012; revised 7-7-97.)
HB1268 Enrolled -1168- LRB9000999EGfg
1 Section 159. The Seed Arbitration Act is amended by
2 changing Section 25 as follows:
3 (710 ILCS 25/25) (from Ch. 10, par. 251-25)
4 Sec. 25. Filing and serving of answer. Within 10 days
5 after the seller receives of a copy of the complaint, the
6 seller shall file with the Director an answer to the
7 complaint and serve a copy of the answer upon the purchaser
8 by certified mail.
9 (Source: P.A. 87-186; revised 12-18-97.)
10 Section 160. The Criminal Code of 1961 is amended by
11 changing Sections 9-3, 12-6.2, 16-5, 16-10, 31A-1.2, 36-1,
12 and 47-15 and setting forth and renumbering multiple versions
13 of Section 11-9.2 as follows:
14 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
15 Sec. 9-3. Involuntary Manslaughter and Reckless
16 Homicide.
17 (a) A person who unintentionally kills an individual
18 without lawful justification commits involuntary manslaughter
19 if his acts whether lawful or unlawful which cause the death
20 are such as are likely to cause death or great bodily harm to
21 some individual, and he performs them recklessly, except in
22 cases in which the cause of the death consists of the driving
23 of a motor vehicle, in which case the person commits reckless
24 homicide.
25 (b) In cases involving reckless homicide, being under
26 the influence of alcohol or any other drug or drugs at the
27 time of the alleged violation shall be presumed to be
28 evidence of a reckless act unless disproved by evidence to
29 the contrary.
30 (c) For the purposes of this Section, a person shall be
31 considered to be under the influence of alcohol or other
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1 drugs while:
2 1. The alcohol concentration in the person's blood
3 or breath is 0.08 or more based on the definition of
4 blood and breath units in Section 11-501.2 of the
5 Illinois Vehicle Code;
6 2. Under the influence of alcohol to a degree that
7 renders the person incapable of safely driving;
8 3. Under the influence of any other drug or
9 combination of drugs to a degree that renders the person
10 incapable of safely driving; or
11 4. Under the combined influence of alcohol and any
12 other drug or drugs to a degree which renders the person
13 incapable of safely driving.
14 (d) Sentence.
15 (1) Involuntary manslaughter is a Class 3 felony.
16 (2) Reckless homicide is a Class 3 felony.
17 (e) In cases involving reckless homicide in which the
18 defendant was determined to have been under the influence of
19 alcohol or any other drug or drugs as an element of the
20 offense, or in cases in which the defendant is proven beyond
21 a reasonable doubt to have been under the influence of
22 alcohol or any other drug or drugs, the penalty shall be a
23 Class 2 felony, for which a person, if sentenced to a term of
24 imprisonment, shall be sentenced to a term of not less than 3
25 years and not more than 14 years.
26 (f) In cases involving involuntary manslaughter in which
27 the victim was a family or household member as defined in
28 paragraph (3) of Section 112A-3 of the Code of Criminal
29 Procedure of 1963, the penalty shall be a Class 2 felony, for
30 which a person if sentenced to a term of imprisonment, shall
31 be sentenced to a term of not less than 3 years and not more
32 than 14 years.
33 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
34 revised 8-15-97.)
HB1268 Enrolled -1170- LRB9000999EGfg
1 (720 ILCS 5/11-9.2)
2 Sec. 11-9.2. Custodial sexual misconduct.
3 (a) A person commits the offense of custodial sexual
4 misconduct when he or she is an employee of a penal system
5 and engages in sexual conduct or sexual penetration with a
6 person who is in the custody of that penal system.
7 (b) A probation or supervising officer commits the
8 offense of custodial sexual misconduct when the probation or
9 supervising officer engages in sexual conduct or sexual
10 penetration with a probationer, parolee, or releasee who is
11 under the supervisory, disciplinary, or custodial authority
12 of the officer so engaging in the sexual conduct or sexual
13 penetration.
14 (c) Custodial sexual misconduct is a Class 3 felony.
15 (d) Any person convicted of violating this Section
16 immediately shall forfeit his or her employment with a penal
17 system.
18 (e) For purposes of this Section, the consent of the
19 probationer, parolee, releasee, or inmate in custody of the
20 penal system shall not be a defense to a prosecution under
21 this Section. A person is deemed incapable of consent, for
22 purposes of this Section, when he or she is a probationer,
23 parolee, releasee, or inmate in custody of a penal system.
24 (f) This Section does not apply to:
25 (1) Any employee, probation, or supervising officer
26 who is lawfully married to a person in custody if the
27 marriage occurred before the date of custody.
28 (2) Any employee, probation, or supervising officer
29 who has no knowledge, and would have no reason to
30 believe, that the person with whom he or she engaged in
31 custodial sexual misconduct was a person in custody.
32 (g) In this Section:
33 (1) "Custody" means:
34 (i) pretrial incarceration or detention;
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1 (ii) incarceration or detention under a
2 sentence or commitment to a State or local penal
3 institution;
4 (iii) parole or mandatory supervised release;
5 (iv) electronic home detention;
6 (v) probation.
7 (2) "Penal system" means any system which includes
8 institutions as defined in Section 2-14 of this Code or a
9 county shelter care or detention home established under
10 Section 1 of the County Shelter Care and Detention Home
11 Act.
12 (3) "Employee" means:
13 (i) an employee of any governmental agency of
14 this State or any county or municipal corporation
15 that has by statute, ordinance, or court order the
16 responsibility for the care, control, or supervision
17 of pretrial or sentenced persons in a penal system;
18 (ii) a contractual employee of a penal system
19 as defined in paragraph (g)(2) of this Section who
20 works in a penal institution as defined in Section
21 2-14 of this Code;
22 (4) "Sexual conduct" or "sexual penetration" means
23 any act of sexual conduct or sexual penetration as
24 defined in Section 12-12 of this Code.
25 (5) "Probation officer" means any person employed
26 in a probation or court services department as defined in
27 Section 9b of the Probation and Probation Officers Act.
28 (6) "Supervising officer" means any person employed
29 to supervise persons placed on parole or mandatory
30 supervised release with the duties described in Section
31 3-14-2 of the Unified Code of Corrections.
32 (Source: P.A. 90-66, eff. 7-7-97.)
33 (720 ILCS 5/11-9.3)
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1 Sec. 11-9.3. 11-9.2. Presence within school zone by
2 child sex offenders prohibited.
3 (a) It is unlawful for a child sex offender to knowingly
4 be present in any school building, on real property
5 comprising any school, or in any conveyance owned, leased, or
6 contracted by a school to transport students to or from
7 school or a school related activity when persons under the
8 age of 18 are present in the building, on the grounds or in
9 the conveyance, unless the offender:
10 (1) is a parent or guardian of a student present in
11 the building, on the grounds or in the conveyance; or
12 (2) has permission to be present from the principal
13 or administrator of the school or from the school board.
14 (b) It is unlawful for a child sex offender to knowingly
15 loiter on a public way within 500 feet of a school building
16 or real property comprising any school while persons under
17 the age of 18 are present in the building or on the grounds,
18 unless the offender:
19 (1) is a parent or guardian of a student present in
20 the building or on the grounds; or
21 (2) has permission to be present from the principal
22 or administrator of the school or from the school board.
23 (c) Definitions. In this Section:
24 (1) "Child sex offender" means any person who:
25 (i) has been charged under Illinois law, or
26 any substantially similar federal law or law of
27 another state, with a sex offense set forth in
28 paragraph (2) of this subsection (c) or the attempt
29 to commit an included sex offense, and:
30 (A) is convicted of such offense or an
31 attempt to commit such offense; or
32 (B) is found not guilty by reason of
33 insanity of such offense or an attempt to
34 commit such offense; or
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1 (C) is found not guilty by reason of
2 insanity pursuant to subsection (c) of Section
3 104-25 of the Code of Criminal Procedure of
4 1963 of such offense or an attempt to commit
5 such offense; or
6 (D) is the subject of a finding not
7 resulting in an acquittal at a hearing
8 conducted pursuant to subsection (a) of Section
9 104-25 of the Code of Criminal Procedure of
10 1963 for the alleged commission or attempted
11 commission of such offense; or
12 (E) is found not guilty by reason of
13 insanity following a hearing conducted pursuant
14 to a federal law or the law of another state
15 substantially similar to subsection (c) of
16 Section 104-25 of the Code of Criminal
17 Procedure of 1963 of such offense or of the
18 attempted commission of such offense; or
19 (F) is the subject of a finding not
20 resulting in an acquittal at a hearing
21 conducted pursuant to a federal law or the law
22 of another state substantially similar to
23 subsection (a) of Section 104-25 of the Code of
24 Criminal Procedure of 1963 for the alleged
25 violation or attempted commission of such
26 offense; or
27 (ii) is certified as a sexually dangerous
28 person pursuant to the Illinois Sexually Dangerous
29 Persons Act, or any substantially similar federal
30 law or the law of another state, when any conduct
31 giving rise to such certification is committed or
32 attempted against a person less than 18 years of
33 age; or
34 (iii) is subject to the provisions of Section
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1 2 of the Interstate Agreements on Sexually Dangerous
2 Persons Act.
3 Convictions that result from or are connected with the
4 same act, or result from offenses committed at the same time,
5 shall be counted for the purpose of this Section as one
6 conviction. Any conviction set aside pursuant to law is not
7 a conviction for purposes of this Section.
8 (2) As used in this Section, "sex offense" means:
9 (i) A violation of any of the following
10 Sections of the Criminal Code of 1961: 10-7 (aiding
11 and abetting child abduction under Section
12 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
13 (indecent solicitation of a child), 11-6.5 (indecent
14 solicitation of an adult), 11-9 (public indecency
15 when committed in a school, on the real property
16 comprising a school, or on a conveyance, owned,
17 leased, or contracted by a school to transport
18 students to or from school or a school related
19 activity), 11-9.1 (sexual exploitation of a child),
20 11-15.1 (soliciting for a juvenile prostitute),
21 11-17.1 (keeping a place of juvenile prostitution),
22 11-18.1 (patronizing a juvenile prostitute), 11-19.1
23 (juvenile pimping), 11-19.2 (exploitation of a
24 child), 11-20.1 (child pornography), 11-21 (harmful
25 material), 12-14.1 (predatory criminal sexual
26 assault of a child), 12-33 (ritualized abuse of a
27 child), 11-20 (obscenity) (when that offense was
28 committed in any school, on real property comprising
29 any school, in any conveyance owned, leased, or
30 contracted by a school to transport students to or
31 from school or a school related activity). An
32 attempt to commit any of these offenses.
33 (ii) A violation of any of the following
34 Sections of the Criminal Code of 1961, when the
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1 victim is a person under 18 years of age: 12-13
2 (criminal sexual assault), 12-14 (aggravated
3 criminal sexual assault), 12-15 (criminal sexual
4 abuse), 12-16 (aggravated criminal sexual abuse).
5 An attempt to commit any of these offenses.
6 (iii) A violation of any of the following
7 Sections of the Criminal Code of 1961, when the
8 victim is a person under 18 years of age and the
9 defendant is not a parent of the victim:
10 10-1 (kidnapping),
11 10-2 (aggravated kidnapping),
12 10-3 (unlawful restraint),
13 10-3.1 (aggravated unlawful restraint).
14 An attempt to commit any of these offenses.
15 (iv) A violation of any former law of this
16 State substantially equivalent to any offense listed
17 in clause (2)(i) of subsection (c) of this Section.
18 (3) A conviction for an offense of federal law or
19 the law of another state that is substantially equivalent
20 to any offense listed in paragraph (2) of subsection (c)
21 of this Section shall constitute a conviction for the
22 purpose of this Article. A finding or adjudication as a
23 sexually dangerous person under any federal law or law of
24 another state that is substantially equivalent to the
25 Sexually Dangerous Persons Act shall constitute an
26 adjudication for the purposes of this Section.
27 (4) As used in this Section, "school" means a
28 public or private pre-school, elementary, or secondary
29 school.
30 (5) As used in this Section, "loiter" means:
31 (i) Standing, sitting idly, whether or not the
32 person is in a vehicle or remaining in or around
33 school property.
34 (ii) Standing, sitting idly, whether or not
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1 the person is in a vehicle or remaining in or around
2 school property, for the purpose of committing or
3 attempting to commit a sex offense.
4 (d) Sentence. A person who violates this Section is
5 guilty of a Class 4 felony.
6 (Source: P.A. 90-234, eff. 1-1-98; revised 10-18-97.)
7 (720 ILCS 5/12-6.2)
8 Sec. 12-6.2. Aggravated intimidation.
9 (a) Any streetgang member who commits the offense of
10 intimidation in furtherance of the activities of an organized
11 gang commits the offense of aggravated intimidation.
12 (b) Sentence. Aggravated intimidation is a Class 1
13 felony.
14 (c) For the purposes of this Section, "streetgang",
15 "streetgang steetgang member", and "organized gang" have the
16 meanings ascribed to them in Section 10 of the Illinois
17 Streetgang Terrorism Omnibus Prevention Act.
18 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
19 (720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
20 Sec. 16-5. Theft from coin-operated machines.
21 (a) A person commits theft from a coin-operated machine
22 when he knowingly and without authority and with intent to
23 commit a theft from such machine, opens, breaks into, tampers
24 with, or damages a coin-operated machine.
25 (b) As used in this Section, the term "coin-operated
26 machine" shall include any automatic vending machine or any
27 part thereof, parking meter, coin telephone, coin laundry
28 machine, coin dry cleaning machine, amusement machine, music
29 machine, vending machine dispensing goods or services, or
30 money changer.
31 (c) Sentence. A person convicted of theft from a
32 coin-operated machine shall be guilty of a Class A
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1 misdemeanor. A person who has been convicted of theft from a
2 coin-operated machine and who has been previously convicted
3 of any type of theft, robbery, armed robbery, burglary,
4 residential burglary, possession of burglary tools, or home
5 invasion is guilty of a Class 4 felony. When a person has
6 any such prior conviction, the information or indictment
7 charging that person shall state such prior conviction so as
8 to give notice of the State's intention to treat the charge
9 as a felony. The fact of such prior conviction is not an
10 element of the offense and may not be disclosed to the jury
11 during trial unless otherwise permitted by issues properly
12 raised during such trial.
13 (Source: P.A. 85-691; revised 7-7-97.)
14 (720 ILCS 5/16-10) (from Ch. 38, par. 16-10)
15 Sec. 16-10. (a) 1. As used in this subsection "cable
16 television service" means any and all services provided by or
17 through the facilities of any cable television system or
18 closed circuit coaxial cable communication system, or any
19 microwave or similar transmission service used in connection
20 with any cable television system or similar closed circuit
21 coaxial cable communications system.
22 2. No person shall knowingly obtain or use cable
23 television service without the authorization of or
24 compensation paid to the operator of such service. The
25 existence of any connection, wire, conductor, or other device
26 whatsoever, which effects the use of cable television service
27 by any person without such use being specifically authorized
28 by, or compensation paid to the operator of the cable
29 television service may be considered as evidence of intent to
30 violate this Section.
31 3. No person shall, with intent to defraud a cable
32 television operator, assist or instruct any other person in
33 obtaining any cable television service.
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1 4. No person shall, with intent to defraud a cable
2 television operator, sell or rent, or offer to sell or rent
3 any instrument, apparatus, equipment or device, or any
4 plans, specifications or instructions for making or
5 assembling any instrument, apparatus, equipment or device to
6 any person with knowledge that the person to whom the item is
7 sold or offered intends to use it to make unauthorized use of
8 cable television service.
9 (b) Sentence.
10 A person convicted under subsection (a) of this Section
11 is guilty of a Class A misdemeanor unless the person
12 committed the offense for remuneration renumeration, in which
13 event it is a Class 4 felony.
14 (Source: P.A. 88-466; revised 7-7-97.)
15 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
16 Sec. 31A-1.2. Unauthorized bringing of contraband into a
17 penal institution by an employee; unauthorized possessing of
18 contraband in a penal institution by an employee;
19 unauthorized delivery of contraband in a penal institution by
20 an employee.
21 (a) A person commits the offense of unauthorized
22 bringing of contraband into a penal institution by an
23 employee when a person who is an employee knowingly and
24 without authority or any person designated or authorized to
25 grant such authority:
26 (1) brings or attempts to bring an item of
27 contraband listed in paragraphs (i) through (iv) of
28 subsection (d)(4) into a penal institution, or
29 (2) causes or permits another to bring an item of
30 contraband listed in paragraphs (i) through (iv) of
31 subsection (d)(4) into a penal institution.
32 (b) A person commits the offense of unauthorized
33 possession of contraband in a penal institution by an
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1 employee when a person who is an employee knowingly and
2 without authority of any person designated or authorized to
3 grant such authority possesses contraband listed in
4 paragraphs (i) through (iv) of subsection (d)(4) in a penal
5 institution, regardless of the intent with which he possesses
6 it.
7 (c) A person commits the offense of unauthorized
8 delivery of contraband in a penal institution by an employee
9 when a person who is an employee knowingly and without
10 authority of any person designated or authorized to grant
11 such authority:
12 (1) delivers or possesses with intent to deliver an
13 item of contraband to any inmate of a penal institution,
14 or
15 (2) conspires to deliver or solicits the delivery
16 of an item of contraband to any inmate of a penal
17 institution, or
18 (3) causes or permits the delivery of an item of
19 contraband to any inmate of a penal institution, or
20 (4) permits another person to attempt to deliver an
21 item of contraband to any inmate of a penal institution.
22 (d) For purpose of this Section, the words and phrases
23 listed below shall be defined as follows:
24 (1) "Penal Institution" shall have the meaning
25 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
26 this Code;
27 (2) "Employee" means any elected or appointed
28 officer, trustee or employee of a penal institution or of
29 the governing authority of the penal institution, or any
30 person who performs services for the penal institution
31 pursuant to contract with the penal institution or its
32 governing authority.
33 (3) "Deliver" or "delivery" means the actual,
34 constructive or attempted transfer of possession of an
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1 item of contraband, with or without consideration,
2 whether or not there is an agency relationship;
3 (4) "Item of contraband" means any of the
4 following:
5 (i) "Alcoholic liquor" as such term is defined
6 in Section 1-3.05 of the Liquor Control Act of 1934.
7 (ii) "Cannabis" as such term is defined in
8 subsection (a) 9a) of Section 3 of the Cannabis
9 Control Act.
10 (iii) "Controlled substance" as such term is
11 defined in the Illinois Controlled Substance Act.
12 (iv) "Hypodermic syringe" or hypodermic
13 needle, or any instrument adapted for use of
14 controlled substances or cannabis by subcutaneous
15 injection.
16 (v) "Weapon" means any knife, dagger, dirk,
17 billy, razor, stiletto, broken bottle, or other
18 piece of glass which could be used as a dangerous
19 weapon. Such term includes any of the devices or
20 implements designated in subsections (a)(1), (a)(3)
21 and (a)(6) of Section 24-1 of this Act, or any other
22 dangerous weapon or instrument of like character.
23 (vi) "Firearm" means any device, by whatever
24 name known, which is designed to expel a projectile
25 or projectiles by the action of an explosion,
26 expansion of gas or escape of gas, including but not
27 limited to:
28 (A) any pneumatic gun, spring gun, or B-B
29 gun which expels a single globular projectile
30 not exceeding .18 inch in diameter; or
31 (B) any device used exclusively for
32 signaling or safety and required or recommended
33 by the United States Coast Guard or the
34 Interstate Commerce Commission; or
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1 (C) any device used exclusively for the
2 firing of stud cartridges, explosive rivets or
3 industrial ammunition; or
4 (D) any device which is powered by
5 electrical charging units, such as batteries,
6 and which fires one or several barbs attached
7 to a length of wire and which, upon hitting a
8 human, can send out current capable of
9 disrupting the person's nervous system in such
10 a manner as to render him incapable of normal
11 functioning, commonly referred to as a stun gun
12 or taser.
13 (vii) "Firearm ammunition" means any
14 self-contained cartridge or shotgun shell, by
15 whatever name known, which is designed to be used or
16 adaptable to use in a firearm, including but not
17 limited to:
18 (A) any ammunition exclusively designed
19 for use with a device used exclusively for
20 signaling or safety and required or recommended
21 by the United States Coast Guard or the
22 Interstate Commerce Commission; or
23 (B) any ammunition designed exclusively
24 for use with a stud or rivet driver or other
25 similar industrial ammunition.
26 (viii) "Explosive" means, but is not limited
27 to, bomb, bombshell, grenade, bottle or other
28 container containing an explosive substance of over
29 one-quarter ounce for like purposes such as black
30 powder bombs and Molotov cocktails or artillery
31 projectiles.
32 (ix) "Tool to defeat security mechanisms"
33 means, but is not limited to, handcuff or security
34 restraint key, tool designed to pick locks, or
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1 device or instrument capable of unlocking handcuff
2 or security restraints, doors to cells, rooms, gates
3 or other areas of the penal institution.
4 (x) "Cutting tool" means, but is not limited
5 to, hacksaw blade, wirecutter, or device, instrument
6 or file capable of cutting through metal.
7 (xi) "Electronic contraband" means, but is not
8 limited to, any electronic, video recording device,
9 computer, or cellular communications equipment,
10 including, but not limited to, cellular telephones,
11 cellular telephone batteries, videotape recorders,
12 pagers, computers, and computer peripheral
13 equipment.
14 (e) A violation of paragraphs (a) or (b) of this Section
15 involving alcohol is a Class 4 felony. A violation of
16 paragraph (a) or (b) of this Section involving cannabis is a
17 Class 2 felony. A violation of paragraph (a) or (b)
18 involving any amount of a controlled substance classified in
19 Schedules III, IV or V of Article II of the Controlled
20 Substances Act is a Class 1 felony. A violation of paragraph
21 (a) or (b) of this Section involving any amount of a
22 controlled substance classified in Schedules I or II of
23 Article II of the Controlled Substances Act is a Class X
24 felony. A violation of paragraph (a) or (b) involving an
25 item of contraband listed in paragraph (iv) of subsection
26 (d)(4) is a Class X felony. A violation of paragraph (a) or
27 (b) involving an item of contraband listed in paragraph (v)
28 or (xi) of subsection (d)(4) is a Class 1 felony. A
29 violation of paragraph (a) or (b) involving an item of
30 contraband listed in paragraphs (vi), (vii) or (viii) of
31 subsection (d)(4) is a Class X felony.
32 (f) A violation of paragraph (c) of this Section
33 involving alcoholic liquor is a Class 3 felony. A violation
34 of paragraph (c) involving cannabis is a Class 1 felony. A
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1 violation of paragraph (c) involving any amount of a
2 controlled substance classified in Schedules III, IV or V of
3 Article II of the Controlled Substances Act is a Class X
4 felony. A violation of paragraph (c) involving any amount of
5 a controlled substance classified in Schedules I or II of
6 Article II of the Controlled Substances Act is a Class X
7 felony for which the minimum term of imprisonment shall be 8
8 years. A violation of paragraph (c) involving an item of
9 contraband listed in paragraph (iv) of subsection (d)(4) is a
10 Class X felony for which the minimum term of imprisonment
11 shall be 8 years. A violation of paragraph (c) involving an
12 item of contraband listed in paragraph (v), (ix) or (x) of
13 subsection (d)(4) is a Class X felony for which the minimum
14 term of imprisonment shall be 10 years. A violation of
15 paragraph (c) involving an item of contraband listed in
16 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
17 Class X felony for which the minimum term of imprisonment
18 shall be 12 years.
19 (g) Items confiscated may be retained for use by the
20 Department of Corrections or disposed of as deemed
21 appropriate by the Chief Administrative Officer in accordance
22 with Department rules or disposed of as required by law.
23 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97;
24 revised 3-31-97.)
25 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
26 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
27 used with the knowledge and consent of the owner in the
28 commission of, or in the attempt to commit as defined in
29 Section 8-4 of this Code, an offense prohibited by (a)
30 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
31 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
32 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a)
33 of Section 12-15 or paragraphs (a), (c) or (d) of Section
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1 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
2 Cigarette Tax Act if the vessel, vehicle or aircraft contains
3 more than 10 cartons of such cigarettes; (c) Section 28, 29
4 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
5 aircraft contains more than 10 cartons of such cigarettes;
6 (d) Section 44 of the Environmental Protection Act; or (e)
7 11-204.1 of the Illinois Vehicle Code; may be seized and
8 delivered forthwith to the sheriff of the county of seizure.
9 Within 15 days after such delivery the sheriff shall give
10 notice of seizure to each person according to the following
11 method: Upon each such person whose right, title or interest
12 is of record in the office of the Secretary of State, the
13 Secretary of Transportation, the Administrator of the Federal
14 Aviation Agency, or any other Department of this State, or
15 any other state of the United States if such vessel, vehicle
16 or aircraft is required to be so registered, as the case may
17 be, by mailing a copy of the notice by certified mail to the
18 address as given upon the records of the Secretary of State,
19 the Department of Aeronautics, Department of Public Works and
20 Buildings or any other Department of this State or the United
21 States if such vessel, vehicle or aircraft is required to be
22 so registered. Within that 15 day period the sheriff shall
23 also notify the State's Attorney of the county of seizure
24 about the seizure.
25 In addition, any mobile or portable equipment used in the
26 commission of an act which is in violation of Section 7g of
27 the Metropolitan Water Reclamation District Act shall be
28 subject to seizure and forfeiture under the same procedures
29 provided in this Article for the seizure and forfeiture of
30 vessels, vehicles and aircraft, and any such equipment shall
31 be deemed a vessel, vehicle or aircraft for purposes of this
32 Article.
33 When a person discharges a firearm at another individual
34 from a vehicle with the knowledge and consent of the owner of
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1 the vehicle and with the intent to cause death or great
2 bodily harm to that individual and as a result causes death
3 or great bodily harm to that individual, the vehicle shall be
4 subject to seizure and forfeiture under the same procedures
5 provided in this Article for the seizure and forfeiture of
6 vehicles used in violations of clauses (a), (b), (c), or (d)
7 of this Section.
8 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
9 revised 10-15-97.)
10 (720 ILCS 5/47-15)
11 Sec. 47-15. Dumping garbage upon real property.
12 (a) It is unlawful for a person to dump, deposit, or
13 place garbage, rubbish rubbage, trash, or refuse upon real
14 property not owned by that person without the consent of the
15 owner or person in possession of the real property.
16 (b) A person who violates this Section is liable to the
17 owner or person in possession of the real property on which
18 the garbage, rubbish rubbage, trash, or refuse is dumped,
19 deposited, or placed for the reasonable costs incurred by the
20 owner or person in possession for cleaning up and properly
21 disposing of the garbage, rubbish rubbage, trash, or refuse,
22 and for reasonable attorneys' fees.
23 (c) A person violating this Section is guilty of a Class
24 B misdemeanor. A second conviction for an offense committed
25 after the first conviction is a Class A misdemeanor. A third
26 or subsequent violation, committed after a second conviction,
27 is a Class 4 felony. Personal property used by a person in
28 violation of this Section shall on the third or subsequent
29 conviction of the person be forfeited to the county where the
30 violation occurred and disposed of at a public sale. Before
31 the forfeiture, the court shall conduct a hearing to
32 determine whether property is subject to forfeiture under
33 this Section. At the forfeiture hearing the State has the
HB1268 Enrolled -1186- LRB9000999EGfg
1 burden of establishing by a preponderance of the evidence
2 that property is subject to forfeiture under this Section.
3 (Source: P.A. 89-234, eff. 1-1-96; revised 7-7-97.)
4 Section 161. The Wild Plant Conservation Act is amended
5 by changing Section 1 as follows:
6 (720 ILCS 400/1) (from Ch. 5, par. 231)
7 Sec. 1. Any person, firm or corporation who knowingly
8 buys, sells, offers or exposes for sale any blood root
9 (Sanguinaria canadensis), lady slipper (Cyprepedium
10 parviflorum and Cyprepedium hirsutum), columbine (Aquilegia
11 canadensis), trillium trillum (Trillium grandiflorum and
12 Trillium Trillum sessile), lotus (Nelumbo lutes), or gentian
13 (Gentiana crinta and Gentiana andrewsii), or any part
14 thereof, dug, pulled up or gathered from any public or
15 private land, unless in the case of private land the owner or
16 person lawfully occupying such land gives his consent in
17 writing thereto, is guilty of a petty offense.
18 (Source: P.A. 77-2494; revised 7-7-97.)
19 Section 162. The Illinois Controlled Substances Act is
20 amended by changing Section 402 as follows:
21 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
22 Sec. 402. Except as otherwise authorized by this Act, it
23 is unlawful for any person knowingly to possess a controlled
24 or counterfeit substance. A violation of this Act with
25 respect to each of the controlled substances listed herein
26 constitutes a single and separate violation of this Act.
27 (a) Any person who violates this Section with respect to
28 the following controlled or counterfeit substances and
29 amounts, notwithstanding any of the provisions of subsection
30 (c) and (d) to the contrary, is guilty of a Class 1 felony
HB1268 Enrolled -1187- LRB9000999EGfg
1 and shall, if sentenced to a term of imprisonment, be
2 sentenced as provided in this subsection (a) and fined as
3 provided in subsection (b):
4 (1) (A) not less than 4 years and not more than 15
5 years with respect to 15 grams or more but less than
6 100 grams of a substance containing heroin;
7 (B) not less than 6 years and not more than 30
8 years with respect to 100 grams or more but less
9 than 400 grams of a substance containing heroin;
10 (C) not less than 8 years and not more than 40
11 years with respect to 400 grams or more but less
12 than 900 grams of any substance containing heroin;
13 (D) not less than 10 years and not more than
14 50 years with respect to 900 grams or more of any
15 substance containing heroin;
16 (2) (A) not less than 4 years and not more than 15
17 years with respect to 15 grams or more but less than
18 100 grams of any substance containing cocaine;
19 (B) not less than 6 years and not more than 30
20 years with respect to 100 grams or more but less
21 than 400 grams of any substance containing cocaine;
22 (C) not less than 8 years and not more than 40
23 years with respect to 400 grams or more but less
24 than 900 grams of any substance containing cocaine;
25 (D) not less than 10 years and not more than
26 50 years with respect to 900 grams or more of any
27 substance containing cocaine;
28 (3) (A) not less than 4 years and not more than 15
29 years with respect to 15 grams or more but less than
30 100 grams of any substance containing morphine;
31 (B) not less than 6 years and not more than 30
32 years with respect to 100 grams or more but less
33 than 400 grams of any substance containing morphine;
HB1268 Enrolled -1188- LRB9000999EGfg
1 (C) not less than 8 years and not more than 40
2 years with respect to 400 grams or more but less
3 than 900 grams of any substance containing morphine;
4 (D) not less than 10 years and not more than
5 50 years with respect to 900 grams or more of any
6 substance containing morphine;
7 (4) 200 grams or more of any substance containing
8 peyote;
9 (5) 200 grams or more of any substance containing a
10 derivative of barbituric acid or any of the salts of a
11 derivative of barbituric acid;
12 (6) 200 grams or more of any substance containing
13 amphetamine or methamphetamine or any salt of an optical
14 isomer of amphetamine or methamphetamine;
15 (7) (A) not less than 4 years and not more than 15
16 years with respect to: (i) 15 grams or more but less
17 than 100 grams of any substance containing lysergic
18 acid diethylamide (LSD), or an analog thereof, or
19 (ii) 15 or more objects or 15 or more segregated
20 parts of an object or objects but less than 200
21 objects or 200 segregated parts of an object or
22 objects containing in them or having upon them any
23 amount of any substance containing lysergic acid
24 diethylamide (LSD), or an analog thereof;
25 (B) not less than 6 years and not more than 30
26 years with respect to: (i) 100 grams or more but
27 less than 400 grams of any substance containing
28 lysergic acid diethylamide (LSD), or an analog
29 thereof, or (ii) 200 or more objects or 200 or more
30 segregated parts of an object or objects but less
31 than 600 objects or less than 600 segregated parts
32 of an object or objects containing in them or having
33 upon them any amount of any substance containing
34 lysergic acid diethylamide (LSD), or an analog
HB1268 Enrolled -1189- LRB9000999EGfg
1 thereof;
2 (C) not less than 8 years and not more than 40
3 years with respect to: (i) 400 grams or more but
4 less than 900 grams of any substance containing
5 lysergic acid diethylamide (LSD), or an analog
6 thereof, or (ii) 600 or more objects or 600 or more
7 segregated parts of an object or objects but less
8 than 1500 objects or 1500 segregated parts of an
9 object or objects containing in them or having upon
10 them any amount of any substance containing lysergic
11 acid diethylamide (LSD), or an analog thereof;
12 (D) not less than 10 years and not more than
13 50 years with respect to: (i) 900 grams or more of
14 any substance containing lysergic acid diethylamide
15 (LSD), or an analog thereof, or (ii) 1500 or more
16 objects or 1500 or more segregated parts of an
17 object or objects containing in them or having upon
18 them any amount of a substance containing lysergic
19 acid diethylamide (LSD), or an analog thereof;
20 (8) 30 grams or more of any substance containing
21 pentazocine or any of the salts, isomers and salts of
22 isomers of pentazocine, or an analog thereof;
23 (9) 30 grams or more of any substance containing
24 methaqualone or any of the salts, isomers and salts of
25 isomers of methaqualone;
26 (10) 30 grams or more of any substance containing
27 phencyclidine or any of the salts, isomers and salts of
28 isomers of phencyclidine (PCP);
29 (10.5) 30 grams or more of any substance containing
30 ketamine or any of the salts, isomers and salts of
31 isomers of ketamine;
32 (11) 200 grams or more of any substance containing
33 any substance classified as a narcotic drug in Schedules
34 I or II which is not otherwise included in this
HB1268 Enrolled -1190- LRB9000999EGfg
1 subsection.
2 (b) Any person sentenced with respect to violations of
3 paragraph (1), (2), (3) or (7) of subsection (a) involving
4 100 grams or more of the controlled substance named therein,
5 may in addition to the penalties provided therein, be fined
6 an amount not to exceed $200,000 or the full street value of
7 the controlled or counterfeit substances, whichever is
8 greater. The term "street value" shall have the meaning
9 ascribed in Section 110-5 of the Code of Criminal Procedure
10 of 1963. Any person sentenced with respect to any other
11 provision of subsection (a), may in addition to the penalties
12 provided therein, be fined an amount not to exceed $200,000.
13 (c) Any person who violates this Section with regard to
14 an amount of a controlled or counterfeit substance not set
15 forth in subsection (a) or (d) is guilty of a Class 4 felony.
16 The fine for a violation punishable under this subsection (c)
17 shall not be more than $25,000.
18 (d) Any person who violates this Section with regard to
19 any amount of anabolic steroid is guilty of a Class C
20 misdemeanor for the first offense and a Class B misdemeanor
21 for a subsequent offense committed within 2 years of a prior
22 conviction.
23 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
24 90-384, eff. 1-1-98; revised 11-13-97.)
25 Section 163. The Unified Code of Corrections is amended
26 by changing Sections 3-6-3, 5-4-3, 5-6-3, 5-6-3.1, 5-7-1,
27 5-9-1, 5-9-1.4, and 5-9-1.10 as follows:
28 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
29 Sec. 3-6-3. Rules and Regulations for Early Release.
30 (a)(1) The Department of Corrections shall prescribe
31 rules and regulations for the early release on account of
32 good conduct of persons committed to the Department which
HB1268 Enrolled -1191- LRB9000999EGfg
1 shall be subject to review by the Prisoner Review Board.
2 (2) The rules and regulations on early release
3 shall provide, with respect to offenses committed on or
4 after the effective date of this amendatory Act of 1995,
5 the following:
6 (i) that a prisoner who is serving a term of
7 imprisonment for first degree murder shall receive
8 no good conduct credit and shall serve the entire
9 sentence imposed by the court;
10 (ii) that a prisoner serving a sentence for
11 attempt to commit first degree murder, solicitation
12 of murder, solicitation of murder for hire,
13 intentional homicide of an unborn child, predatory
14 criminal sexual assault of a child, aggravated
15 criminal sexual assault, criminal sexual assault,
16 aggravated kidnapping, aggravated battery with a
17 firearm, heinous battery, aggravated battery of a
18 senior citizen, or aggravated battery of a child
19 shall receive no more than 4.5 days of good conduct
20 credit for each month of his or her sentence of
21 imprisonment; and
22 (iii) that a prisoner serving a sentence for
23 home invasion, armed robbery, aggravated vehicular
24 hijacking, aggravated discharge of a firearm, or
25 armed violence with a category I weapon or category
26 II weapon, when the court has made and entered a
27 finding, pursuant to subsection (c-1) of Section
28 5-4-1 of this Code, that the conduct leading to
29 conviction for the enumerated offense resulted in
30 great bodily harm to a victim, shall receive no more
31 than 4.5 days of good conduct credit for each month
32 of his or her sentence of imprisonment.
33 (2.1) For all offenses, other than those enumerated
34 in subdivision (a)(2) committed on or after the effective
HB1268 Enrolled -1192- LRB9000999EGfg
1 date of this amendatory Act of 1995, the rules and
2 regulations shall provide that a prisoner who is serving
3 a term of imprisonment shall receive one day of good
4 conduct credit for each day of his or her sentence of
5 imprisonment or recommitment under Section 3-3-9. Each
6 day of good conduct credit shall reduce by one day the
7 prisoner's period of imprisonment or recommitment under
8 Section 3-3-9.
9 (2.2) A prisoner serving a term of natural life
10 imprisonment or a prisoner who has been sentenced to
11 death shall receive no good conduct credit.
12 (3) The rules and regulations shall also provide
13 that the Director may award up to 180 days additional
14 good conduct credit for meritorious service in specific
15 instances as the Director deems proper; except that no
16 more than 90 days of good conduct credit for meritorious
17 service shall be awarded to any prisoner who is serving a
18 sentence for conviction of first degree murder, reckless
19 homicide while under the influence of alcohol or any
20 other drug, aggravated kidnapping, kidnapping, predatory
21 criminal sexual assault of a child, aggravated criminal
22 sexual assault, criminal sexual assault, deviate sexual
23 assault, aggravated criminal sexual abuse, aggravated
24 indecent liberties with a child, indecent liberties with
25 a child, child pornography, heinous battery, aggravated
26 battery of a spouse, aggravated battery of a spouse with
27 a firearm, stalking, aggravated stalking, aggravated
28 battery of a child, endangering the life or health of a
29 child, cruelty to a child, or narcotic racketeering.
30 Notwithstanding the foregoing, good conduct credit for
31 meritorious service shall not be awarded on a sentence of
32 imprisonment imposed for conviction of one of the
33 offenses enumerated in subdivision (a)(2) when the
34 offense is committed on or after the effective date of
HB1268 Enrolled -1193- LRB9000999EGfg
1 this amendatory Act of 1995.
2 (4) The rules and regulations shall also provide
3 that the good conduct credit accumulated and retained
4 under paragraph (2.1) of subsection (a) of this Section
5 by any inmate during specific periods of time in which
6 such inmate is engaged full-time in substance abuse
7 programs, correctional industry assignments, or
8 educational programs provided by the Department under
9 this paragraph (4) and satisfactorily completes the
10 assigned program as determined by the standards of the
11 Department, shall be multiplied by a factor of 1.25 for
12 program participation before the effective date of this
13 amendatory Act of 1993 and 1.50 for program participation
14 on or after that date. However, no inmate shall be
15 eligible for the additional good conduct credit under
16 this paragraph (4) while assigned to a boot camp, mental
17 health unit, or electronic detention, or if convicted of
18 an offense enumerated in paragraph (a)(2) of this Section
19 that is committed on or after the effective date of this
20 amendatory Act of 1995, or first degree murder, a Class X
21 felony, criminal sexual assault, felony criminal sexual
22 abuse, aggravated criminal sexual abuse, aggravated
23 battery with a firearm, or any predecessor or successor
24 offenses with the same or substantially the same
25 elements, or any inchoate offenses relating to the
26 foregoing offenses. No inmate shall be eligible for the
27 additional good conduct credit under this paragraph (4)
28 who (i) has previously received increased good conduct
29 credit under this paragraph (4) and has subsequently been
30 convicted of a felony, or (ii) has previously served more
31 than one prior sentence of imprisonment for a felony in
32 an adult correctional facility.
33 Educational, vocational, substance abuse and
34 correctional industry programs under which good conduct
HB1268 Enrolled -1194- LRB9000999EGfg
1 credit may be increased under this paragraph (4) shall be
2 evaluated by the Department on the basis of documented
3 standards. The Department shall report the results of
4 these evaluations to the Governor and the General
5 Assembly by September 30th of each year. The reports
6 shall include data relating to the recidivism rate among
7 program participants.
8 Availability of these programs shall be subject to
9 the limits of fiscal resources appropriated by the
10 General Assembly for these purposes. Eligible inmates
11 who are denied immediate admission shall be placed on a
12 waiting list under criteria established by the
13 Department. The inability of any inmate to become engaged
14 in any such programs by reason of insufficient program
15 resources or for any other reason established under the
16 rules and regulations of the Department shall not be
17 deemed a cause of action under which the Department or
18 any employee or agent of the Department shall be liable
19 for damages to the inmate.
20 (5) Whenever the Department is to release any
21 inmate earlier than it otherwise would because of a grant
22 of good conduct credit for meritorious service given at
23 any time during the term, the Department shall give
24 reasonable advance notice of the impending release to the
25 State's Attorney of the county where the prosecution of
26 the inmate took place.
27 (b) Whenever a person is or has been committed under
28 several convictions, with separate sentences, the sentences
29 shall be construed under Section 5-8-4 in granting and
30 forfeiting of good time.
31 (c) The Department shall prescribe rules and regulations
32 for revoking good conduct credit, or suspending or reducing
33 the rate of accumulation of good conduct credit for specific
34 rule violations, during imprisonment. These rules and
HB1268 Enrolled -1195- LRB9000999EGfg
1 regulations shall provide that no inmate may be penalized
2 more than one year of good conduct credit for any one
3 infraction.
4 When the Department seeks to revoke, suspend or reduce
5 the rate of accumulation of any good conduct credits for an
6 alleged infraction of its rules, it shall bring charges
7 therefor against the prisoner sought to be so deprived of
8 good conduct credits before the Prisoner Review Board as
9 provided in subparagraph (a)(4) of Section 3-3-2 of this
10 Code, if the amount of credit at issue exceeds 30 days or
11 when during any 12 month period, the cumulative amount of
12 credit revoked exceeds 30 days except where the infraction is
13 committed or discovered within 60 days of scheduled release.
14 In those cases, the Department of Corrections may revoke up
15 to 30 days of good conduct credit. The Board may subsequently
16 approve the revocation of additional good conduct credit, if
17 the Department seeks to revoke good conduct credit in excess
18 of 30 days. However, the Board shall not be empowered to
19 review the Department's decision with respect to the loss of
20 30 days of good conduct credit within any calendar year for
21 any prisoner or to increase any penalty beyond the length
22 requested by the Department.
23 The Director of the Department of Corrections, in
24 appropriate cases, may restore up to 30 days good conduct
25 credits which have been revoked, suspended or reduced. Any
26 restoration of good conduct credits in excess of 30 days
27 shall be subject to review by the Prisoner Review Board.
28 However, the Board may not restore good conduct credit in
29 excess of the amount requested by the Director.
30 Nothing contained in this Section shall prohibit the
31 Prisoner Review Board from ordering, pursuant to Section
32 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
33 the sentence imposed by the court that was not served due to
34 the accumulation of good conduct credit.
HB1268 Enrolled -1196- LRB9000999EGfg
1 (d) If a lawsuit is filed by a prisoner in an Illinois
2 or federal court against the State, the Department of
3 Corrections, or the Prisoner Review Board, or against any of
4 their officers or employees, and the court makes a specific
5 finding that a pleading, motion, or other paper filed by the
6 prisoner is frivolous, the Department of Corrections shall
7 conduct a hearing to revoke up to 180 days of good conduct
8 credit by bringing charges against the prisoner sought to be
9 deprived of the good conduct credits before the Prisoner
10 Review Board as provided in subparagraph (a)(8) of Section
11 3-3-2 of this Code. If the prisoner has not accumulated 180
12 days of good conduct credit at the time of the finding, then
13 the Prisoner Review Board may revoke all good conduct credit
14 accumulated by the prisoner.
15 For purposes of this subsection (d):
16 (1) "Frivolous" means that a pleading, motion, or
17 other filing which purports to be a legal document filed
18 by a prisoner in his or her lawsuit meets any or all of
19 the following criteria:
20 (A) it lacks an arguable basis either in law
21 or in fact;
22 (B) it is being presented for any improper
23 purpose, such as to harass or to cause unnecessary
24 delay or needless increase in the cost of
25 litigation;
26 (C) the claims, defenses, and other legal
27 contentions therein are not warranted by existing
28 law or by a nonfrivolous argument for the extension,
29 modification, or reversal of existing law or the
30 establishment of new law;
31 (D) the allegations and other factual
32 contentions do not have evidentiary support or, if
33 specifically so identified, are not likely to have
34 evidentiary support after a reasonable opportunity
HB1268 Enrolled -1197- LRB9000999EGfg
1 for further investigation or discovery; or
2 (E) the denials of factual contentions are not
3 warranted on the evidence, or if specifically so
4 identified, are not reasonably based on a lack of
5 information or belief.
6 (2) "Lawsuit" means a petition for post conviction
7 relief under Article 122 of the Code of Criminal
8 Procedure of 1963, a motion pursuant to Section 116-3 of
9 the Code of Criminal Procedure of 1963, a habeas corpus
10 action under Article X of the Code of Civil Procedure or
11 under federal law (28 U.S.C. 2254), a petition for claim
12 under the Court of Claims Act or an action under the
13 federal Civil Rights Act (42 U.S.C. 1983).
14 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
15 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
16 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
17 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
18 Sec. 5-4-3. Persons convicted of, or found delinquent
19 for, sexual offenses or institutionalized as sexually
20 dangerous; blood specimens; genetic marker groups.
21 (a) Any person convicted of, found delinquent for, or
22 who received a disposition of court supervision for, a sexual
23 offense or attempt of a sexual offense or institutionalized
24 as a sexually dangerous person under the Sexually Dangerous
25 Persons Act shall, regardless of the sentence or disposition
26 imposed, be required to submit specimens of blood to the
27 Illinois Department of State Police in accordance with the
28 provisions of this Section, provided such person is:
29 (1) convicted of a sexual offense or attempt of a
30 sexual offense on or after the effective date of this
31 amendatory Act of 1989, and sentenced to a term of
32 imprisonment, periodic imprisonment, fine, probation,
33 conditional discharge or any other form of sentence, or
HB1268 Enrolled -1198- LRB9000999EGfg
1 given a disposition of court supervision for the offense,
2 or
3 (1.5) found delinquent under the Juvenile Court Act
4 of 1987 for a sexual offense or attempt of a sexual
5 offense on or after the effective date of this amendatory
6 Act of 1996, or
7 (2) ordered institutionalized as a sexually
8 dangerous person on or after the effective date of this
9 amendatory Act of 1989, or
10 (3) convicted of a sexual offense or attempt of a
11 sexual offense before the effective date of this
12 amendatory Act of 1989 and is presently confined as a
13 result of such conviction in any State correctional
14 facility or county jail or is presently serving a
15 sentence of probation, conditional discharge or periodic
16 imprisonment as a result of such conviction, or
17 (4) presently institutionalized as a sexually
18 dangerous person or presently institutionalized as a
19 person found guilty but mentally ill of a sexual offense
20 or attempt to commit a sexual offense; or
21 (5) seeking transfer to or residency in Illinois
22 under Sections 3-3-11 through 3-3-11.5 of the Unified
23 Code of Corrections (Interstate Compact for the
24 Supervision of Parolees and Probationers) or the
25 Interstate Agreements on Sexually Dangerous Persons Act.
26 (b) Any person required by paragraphs (a)(1), (a)(1.5),
27 and (a)(2) to provide specimens of blood shall be ordered by
28 the court to have specimens of blood collected within 45 days
29 after sentencing or disposition at a collection site
30 designated by the Illinois Department of State Police.
31 (c) Any person required by paragraphs (a)(3) and (a)(4)
32 to provide specimens of blood shall be required to provide
33 such samples prior to final discharge, parole, or release at
34 a collection site designated by the Illinois Department of
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1 State Police.
2 (c-5) Any person required by paragraph (a)(5) to provide
3 specimens of blood shall, where feasible, be required to
4 provide the specimens before being accepted for conditioned
5 residency in Illinois under the interstate compact or
6 agreement, but no later than 45 days after arrival in this
7 State.
8 (d) The Illinois Department of State Police shall
9 provide all equipment and instructions necessary for the
10 collection of blood samples. The collection of samples shall
11 be performed in a medically approved manner. Only a
12 physician authorized to practice medicine, a registered nurse
13 or other qualified person approved by the Illinois Department
14 of Public Health may withdraw blood for the purposes of this
15 Act. The samples shall thereafter be forwarded to the
16 Illinois Department of State Police, Division of Forensic
17 Services, for analysis and categorizing into genetic marker
18 groupings.
19 (e) The genetic marker groupings shall be maintained by
20 the Illinois Department of State Police, Division of Forensic
21 Services.
22 (f) The genetic marker grouping analysis information
23 obtained pursuant to this Act shall be confidential and shall
24 be released only to peace officers of the United States, of
25 other states or territories, of the insular possessions of
26 the United States, of foreign countries duly authorized to
27 receive the same, to all peace officers of the State of
28 Illinois and to all prosecutorial agencies. Notwithstanding
29 any other statutory provision to the contrary, all
30 information obtained under this Section shall be maintained
31 in a single data base and may not be subject to expungement.
32 (g) For the purposes of this Section, "sexual offense"
33 means any of the following:
34 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
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1 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
2 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
3 Criminal Code of 1961, or
4 (2) Any former statute of this State which defined
5 a felony sexual offense, or
6 (3) Any violation of paragraph (10) of subsection
7 (b) of Section 10-5 of the Criminal Code of 1961 when the
8 sentencing court, upon a motion by the State's Attorney
9 or Attorney General, makes a finding that the child
10 luring involved an intent to commit sexual penetration or
11 sexual conduct as defined in Section 12-12 of the
12 Criminal Code of 1961.
13 (h) The Illinois Department of State Police shall be the
14 State central repository for all genetic marker grouping
15 analysis information obtained pursuant to this Act. The
16 Illinois Department of State Police may promulgate rules for
17 the form and manner of the collection of blood samples and
18 other procedures for the operation of this Act. The
19 provisions of the Administrative Review Law shall apply to
20 all actions taken under the rules so promulgated.
21 (i) A person ordered by the court to provide a blood
22 specimen shall cooperate with the collection of the specimen
23 and any deliberate act by that person intended to impede,
24 delay or stop the collection of the blood specimen shall be
25 punishable as contempt of court.
26 (j) Any person required by subsection (a) to submit
27 specimens of blood to the Illinois Department of State Police
28 for analysis and categorization into genetic marker grouping,
29 in addition to any other disposition, penalty, or fine
30 imposed, shall pay an analysis fee of $500. Upon verified
31 petition of the person, the court may suspend payment of all
32 or part of the fee if it finds that the person does not have
33 the ability to pay the fee.
34 (k) All analysis and categorization fees provided for by
HB1268 Enrolled -1201- LRB9000999EGfg
1 subsection (j) shall be regulated as follows:
2 (1) The State Offender DNA Identification System
3 Fund is hereby created as a special fund in the State
4 Treasury.
5 (2) All fees shall be collected by the clerk of the
6 court and forwarded to the State Offender DNA
7 Identification System Fund for deposit. The clerk of the
8 circuit court may retain the amount of $10 from each
9 collected analysis fee to offset administrative costs
10 incurred in carrying out the clerk's responsibilities
11 under this Section.
12 (3) Fees deposited into the State Offender DNA
13 Identification System Fund shall be used by Illinois
14 State Police crime laboratories as designated by the
15 Director of State Police. These funds shall be in
16 addition to any allocations made pursuant to existing
17 laws and shall be designated for the exclusive use of
18 State crime laboratories. These uses may include, but
19 are not limited to, the following:
20 (A) Costs incurred in providing analysis and
21 genetic marker categorization as required by
22 subsection (d).
23 (B) Costs incurred in maintaining genetic
24 marker groupings as required by subsection (e).
25 (C) Costs incurred in the purchase and
26 maintenance of equipment for use in performing
27 analyses.
28 (D) Costs incurred in continuing research and
29 development of new techniques for analysis and
30 genetic marker categorization.
31 (E) Costs incurred in continuing education,
32 training, and professional development of forensic
33 scientists regularly employed by these laboratories.
34 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
HB1268 Enrolled -1202- LRB9000999EGfg
1 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
2 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
3 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
4 Sec. 5-6-3. Conditions of Probation and of Conditional
5 Discharge.
6 (a) The conditions of probation and of conditional
7 discharge shall be that the person:
8 (1) not violate any criminal statute of any
9 jurisdiction;
10 (2) report to or appear in person before such
11 person or agency as directed by the court;
12 (3) refrain from possessing a firearm or other
13 dangerous weapon;
14 (4) not leave the State without the consent of the
15 court or, in circumstances in which the reason for the
16 absence is of such an emergency nature that prior consent
17 by the court is not possible, without the prior
18 notification and approval of the person's probation
19 officer;
20 (5) permit the probation officer to visit him at
21 his home or elsewhere to the extent necessary to
22 discharge his duties;
23 (6) perform no less than 30 hours of community
24 service and not more than 120 hours of community service,
25 if community service is available in the jurisdiction and
26 is funded and approved by the county board where the
27 offense was committed, where the offense was related to
28 or in furtherance of the criminal activities of an
29 organized gang and was motivated by the offender's
30 membership in or allegiance to an organized gang. The
31 community service shall include, but not be limited to,
32 the cleanup and repair of any damage caused by a
33 violation of Section 21-1.3 of the Criminal Code of 1961
HB1268 Enrolled -1203- LRB9000999EGfg
1 and similar damage to property located within the
2 municipality or county in which the violation occurred.
3 When possible and reasonable, the community service
4 should be performed in the offender's neighborhood. For
5 purposes of this Section, "organized gang" has the
6 meaning ascribed to it in Section 10 of the Illinois
7 Streetgang Terrorism Omnibus Prevention Act;
8 (7) if he or she is at least 17 years of age and
9 has been sentenced to probation or conditional discharge
10 for a misdemeanor or felony in a county of 3,000,000 or
11 more inhabitants and has not been previously convicted of
12 a misdemeanor or felony, may be required by the
13 sentencing court to attend educational courses designed
14 to prepare the defendant for a high school diploma and to
15 work toward a high school diploma or to work toward
16 passing the high school level Test of General Educational
17 Development (GED) or to work toward completing a
18 vocational training program approved by the court. The
19 person on probation or conditional discharge must attend
20 a public institution of education to obtain the
21 educational or vocational training required by this
22 clause (7). The court shall revoke the probation or
23 conditional discharge of a person who wilfully fails to
24 comply with this clause (7). The person on probation or
25 conditional discharge shall be required to pay for the
26 cost of the educational courses or GED test, if a fee is
27 charged for those courses or test. The court shall
28 resentence the offender whose probation or conditional
29 discharge has been revoked as provided in Section 5-6-4.
30 This clause (7) does not apply to a person who has a high
31 school diploma or has successfully passed the GED test.
32 This clause (7) does not apply to a person who is
33 determined by the court to be developmentally disabled or
34 otherwise mentally incapable of completing the
HB1268 Enrolled -1204- LRB9000999EGfg
1 educational or vocational program; and
2 (8) (7) if convicted of possession of a substance
3 prohibited by the Cannabis Control Act or Illinois
4 Controlled Substances Act after a previous conviction or
5 disposition of supervision for possession of a substance
6 prohibited by the Cannabis Control Act or Illinois
7 Controlled Substances Act or after a sentence of
8 probation under Section 10 of the Cannabis Control Act or
9 Section 410 of the Illinois Controlled Substances Act and
10 upon a finding by the court that the person is addicted,
11 undergo treatment at a substance abuse program approved
12 by the court.
13 (b) The Court may in addition to other reasonable
14 conditions relating to the nature of the offense or the
15 rehabilitation of the defendant as determined for each
16 defendant in the proper discretion of the Court require that
17 the person:
18 (1) serve a term of periodic imprisonment under
19 Article 7 for a period not to exceed that specified in
20 paragraph (d) of Section 5-7-1;
21 (2) pay a fine and costs;
22 (3) work or pursue a course of study or vocational
23 training;
24 (4) undergo medical, psychological or psychiatric
25 treatment; or treatment for drug addiction or alcoholism;
26 (5) attend or reside in a facility established for
27 the instruction or residence of defendants on probation;
28 (6) support his dependents;
29 (7) and in addition, if a minor:
30 (i) reside with his parents or in a foster
31 home;
32 (ii) attend school;
33 (iii) attend a non-residential program for
34 youth;
HB1268 Enrolled -1205- LRB9000999EGfg
1 (iv) contribute to his own support at home or
2 in a foster home;
3 (8) make restitution as provided in Section 5-5-6
4 of this Code;
5 (9) perform some reasonable public or community
6 service;
7 (10) serve a term of home confinement. In addition
8 to any other applicable condition of probation or
9 conditional discharge, the conditions of home confinement
10 shall be that the offender:
11 (i) remain within the interior premises of the
12 place designated for his confinement during the
13 hours designated by the court;
14 (ii) admit any person or agent designated by
15 the court into the offender's place of confinement
16 at any time for purposes of verifying the offender's
17 compliance with the conditions of his confinement;
18 and
19 (iii) if further deemed necessary by the court
20 or the Probation or Court Services Department, be
21 placed on an approved electronic monitoring device,
22 subject to Article 8A of Chapter V;
23 (iv) for persons convicted of any alcohol,
24 cannabis or controlled substance violation who are
25 placed on an approved monitoring device as a
26 condition of probation or conditional discharge, the
27 court shall impose a reasonable fee for each day of
28 the use of the device, as established by the county
29 board in subsection (g) of this Section, unless
30 after determining the inability of the offender to
31 pay the fee, the court assesses a lesser fee or no
32 fee as the case may be. This fee shall be imposed in
33 addition to the fees imposed under subsections (g)
34 and (i) of this Section. The fee shall be collected
HB1268 Enrolled -1206- LRB9000999EGfg
1 by the clerk of the circuit court. The clerk of the
2 circuit court shall pay all monies collected from
3 this fee to the county treasurer for deposit in the
4 substance abuse services fund under Section 5-1086.1
5 of the Counties Code; and
6 (v) for persons convicted of offenses other
7 than those referenced in clause (iv) above and who
8 are placed on an approved monitoring device as a
9 condition of probation or conditional discharge, the
10 court shall impose a reasonable fee for each day of
11 the use of the device, as established by the county
12 board in subsection (g) of this Section, unless
13 after determining the inability of the defendant to
14 pay the fee, the court assesses a lesser fee or no
15 fee as the case may be. This fee shall be imposed
16 in addition to the fees imposed under subsections
17 (g) and (i) of this Section 5-6-3. The fee shall be
18 collected by the clerk of the circuit court. The
19 clerk of the circuit court shall pay all monies
20 collected from this fee to the county treasurer who
21 shall use the monies collected to defray the costs
22 of corrections. The county treasurer shall deposit
23 the fee collected in the county working cash fund
24 under Section 6-27001 or Section 6-29002 of the
25 Counties Code, as the case may be.
26 (11) comply with the terms and conditions of an
27 order of protection issued by the court pursuant to the
28 Illinois Domestic Violence Act of 1986, as now or
29 hereafter amended. A copy of the order of protection
30 shall be transmitted to the probation officer or agency
31 having responsibility for the case;
32 (12) reimburse any "local anti-crime program" as
33 defined in Section 7 of the Anti-Crime Advisory Council
34 Act for any reasonable expenses incurred by the program
HB1268 Enrolled -1207- LRB9000999EGfg
1 on the offender's case, not to exceed the maximum amount
2 of the fine authorized for the offense for which the
3 defendant was sentenced;
4 (13) contribute a reasonable sum of money, not to
5 exceed the maximum amount of the fine authorized for the
6 offense for which the defendant was sentenced, to a
7 "local anti-crime program", as defined in Section 7 of
8 the Anti-Crime Advisory Council Act;
9 (14) refrain from entering into a designated
10 geographic area except upon such terms as the court finds
11 appropriate. Such terms may include consideration of the
12 purpose of the entry, the time of day, other persons
13 accompanying the defendant, and advance approval by a
14 probation officer, if the defendant has been placed on
15 probation or advance approval by the court, if the
16 defendant was placed on conditional discharge;
17 (15) refrain from having any contact, directly or
18 indirectly, with certain specified persons or particular
19 types of persons, including but not limited to members of
20 street gangs and drug users or dealers;
21 (16) refrain from having in his or her body the
22 presence of any illicit drug prohibited by the Cannabis
23 Control Act or the Illinois Controlled Substances Act,
24 unless prescribed by a physician, and submit samples of
25 his or her blood or urine or both for tests to determine
26 the presence of any illicit drug.
27 (c) The court may as a condition of probation or of
28 conditional discharge require that a person under 18 years of
29 age found guilty of any alcohol, cannabis or controlled
30 substance violation, refrain from acquiring a driver's
31 license during the period of probation or conditional
32 discharge. If such person is in possession of a permit or
33 license, the court may require that the minor refrain from
34 driving or operating any motor vehicle during the period of
HB1268 Enrolled -1208- LRB9000999EGfg
1 probation or conditional discharge, except as may be
2 necessary in the course of the minor's lawful employment.
3 (d) An offender sentenced to probation or to conditional
4 discharge shall be given a certificate setting forth the
5 conditions thereof.
6 (e) The court shall not require as a condition of the
7 sentence of probation or conditional discharge that the
8 offender be committed to a period of imprisonment in excess
9 of 6 months. This 6 month limit shall not include periods of
10 confinement given pursuant to a sentence of county impact
11 incarceration under Section 5-8-1.2.
12 Persons committed to imprisonment as a condition of
13 probation or conditional discharge shall not be committed to
14 the Department of Corrections.
15 (f) The court may combine a sentence of periodic
16 imprisonment under Article 7 or a sentence to a county impact
17 incarceration program under Article 8 with a sentence of
18 probation or conditional discharge.
19 (g) An offender sentenced to probation or to conditional
20 discharge and who during the term of either undergoes
21 mandatory drug or alcohol testing, or both, or is assigned to
22 be placed on an approved electronic monitoring device, shall
23 be ordered to pay all costs incidental to such mandatory drug
24 or alcohol testing, or both, and all costs incidental to such
25 approved electronic monitoring in accordance with the
26 defendant's ability to pay those costs. The county board
27 with the concurrence of the Chief Judge of the judicial
28 circuit in which the county is located shall establish
29 reasonable fees for the cost of maintenance, testing, and
30 incidental expenses related to the mandatory drug or alcohol
31 testing, or both, and all costs incidental to approved
32 electronic monitoring, involved in a successful probation
33 program for the county. The concurrence of the Chief Judge
34 shall be in the form of an administrative order. The fees
HB1268 Enrolled -1209- LRB9000999EGfg
1 shall be collected by the clerk of the circuit court. The
2 clerk of the circuit court shall pay all moneys collected
3 from these fees to the county treasurer who shall use the
4 moneys collected to defray the costs of drug testing, alcohol
5 testing, and electronic monitoring. The county treasurer
6 shall deposit the fees collected in the county working cash
7 fund under Section 6-27001 or Section 6-29002 of the Counties
8 Code, as the case may be.
9 (h) Jurisdiction over an offender may be transferred
10 from the sentencing court to the court of another circuit
11 with the concurrence of both courts. Further transfers or
12 retransfers of jurisdiction are also authorized in the same
13 manner. The court to which jurisdiction has been transferred
14 shall have the same powers as the sentencing court.
15 (i) The court shall impose upon an offender sentenced to
16 probation after January 1, 1989 or to conditional discharge
17 after January 1, 1992, as a condition of such probation or
18 conditional discharge, a fee of $25 for each month of
19 probation or conditional discharge supervision ordered by the
20 court, unless after determining the inability of the person
21 sentenced to probation or conditional discharge to pay the
22 fee, the court assesses a lesser fee. The court may not
23 impose the fee on a minor who is made a ward of the State
24 under the Juvenile Court Act of 1987 while the minor is in
25 placement. The fee shall be imposed only upon an offender who
26 is actively supervised by the probation and court services
27 department. The fee shall be collected by the clerk of the
28 circuit court. The clerk of the circuit court shall pay all
29 monies collected from this fee to the county treasurer for
30 deposit in the probation and court services fund under
31 Section 15.1 of the Probation and Probation Officers Act.
32 (j) All fines and costs imposed under this Section for
33 any violation of Chapters 3, 4, 6, and 11 of the Illinois
34 Vehicle Code, or a similar provision of a local ordinance,
HB1268 Enrolled -1210- LRB9000999EGfg
1 and any violation of the Child Passenger Protection Act, or a
2 similar provision of a local ordinance, shall be collected
3 and disbursed by the circuit clerk as provided under Section
4 27.5 of the Clerks of Courts Act.
5 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
6 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
7 90-504, eff. 1-1-98; revised 10-30-97.)
8 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
9 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
10 (a) When a defendant is placed on supervision, the court
11 shall enter an order for supervision specifying the period of
12 such supervision, and shall defer further proceedings in the
13 case until the conclusion of the period.
14 (b) The period of supervision shall be reasonable under
15 all of the circumstances of the case, but may not be longer
16 than 2 years, unless the defendant has failed to pay the
17 assessment required by Section 10.3 of the Cannabis Control
18 Act or Section 411.2 of the Illinois Controlled Substances
19 Act, in which case the court may extend supervision beyond 2
20 years. Additionally, the court shall order the defendant to
21 perform no less than 30 hours of community service and not
22 more than 120 hours of community service, if community
23 service is available in the jurisdiction and is funded and
24 approved by the county board where the offense was committed,
25 when the offense (1) was related to or in furtherance of the
26 criminal activities of an organized gang or was motivated by
27 the defendant's membership in or allegiance to an organized
28 gang; or (2) is a violation of any Section of Article 24 of
29 the Criminal Code of 1961 where a disposition of supervision
30 is not prohibited by Section 5-6-1 of this Code. The
31 community service shall include, but not be limited to, the
32 cleanup and repair of any damage caused by violation of
33 Section 21-1.3 of the Criminal Code of 1961 and similar
HB1268 Enrolled -1211- LRB9000999EGfg
1 damages to property located within the municipality or county
2 in which the violation occurred. Where possible and
3 reasonable, the community service should be performed in the
4 offender's neighborhood.
5 For the purposes of this Section, "organized gang" has
6 the meaning ascribed to it in Section 10 of the Illinois
7 Streetgang Terrorism Omnibus Prevention Act.
8 (c) The court may in addition to other reasonable
9 conditions relating to the nature of the offense or the
10 rehabilitation of the defendant as determined for each
11 defendant in the proper discretion of the court require that
12 the person:
13 (1) make a report to and appear in person before or
14 participate with the court or such courts, person, or
15 social service agency as directed by the court in the
16 order of supervision;
17 (2) pay a fine and costs;
18 (3) work or pursue a course of study or vocational
19 training;
20 (4) undergo medical, psychological or psychiatric
21 treatment; or treatment for drug addiction or alcoholism;
22 (5) attend or reside in a facility established for
23 the instruction or residence of defendants on probation;
24 (6) support his dependents;
25 (7) refrain from possessing a firearm or other
26 dangerous weapon;
27 (8) and in addition, if a minor:
28 (i) reside with his parents or in a foster
29 home;
30 (ii) attend school;
31 (iii) attend a non-residential program for
32 youth;
33 (iv) contribute to his own support at home or
34 in a foster home; and
HB1268 Enrolled -1212- LRB9000999EGfg
1 (9) make restitution or reparation in an amount not
2 to exceed actual loss or damage to property and pecuniary
3 loss or make restitution under Section 5-5-6 to a
4 domestic violence shelter. The court shall determine the
5 amount and conditions of payment;
6 (10) perform some reasonable public or community
7 service;
8 (11) comply with the terms and conditions of an
9 order of protection issued by the court pursuant to the
10 Illinois Domestic Violence Act of 1986. If the court has
11 ordered the defendant to make a report and appear in
12 person under paragraph (1) of this subsection, a copy of
13 the order of protection shall be transmitted to the
14 person or agency so designated by the court;
15 (12) reimburse any "local anti-crime program" as
16 defined in Section 7 of the Anti-Crime Advisory Council
17 Act for any reasonable expenses incurred by the program
18 on the offender's case, not to exceed the maximum amount
19 of the fine authorized for the offense for which the
20 defendant was sentenced;
21 (13) contribute a reasonable sum of money, not to
22 exceed the maximum amount of the fine authorized for the
23 offense for which the defendant was sentenced, to a
24 "local anti-crime program", as defined in Section 7 of
25 the Anti-Crime Advisory Council Act;
26 (14) refrain from entering into a designated
27 geographic area except upon such terms as the court finds
28 appropriate. Such terms may include consideration of the
29 purpose of the entry, the time of day, other persons
30 accompanying the defendant, and advance approval by a
31 probation officer;
32 (15) refrain from having any contact, directly or
33 indirectly, with certain specified persons or particular
34 types of person, including but not limited to members of
HB1268 Enrolled -1213- LRB9000999EGfg
1 street gangs and drug users or dealers;
2 (16) refrain from having in his or her body the
3 presence of any illicit drug prohibited by the Cannabis
4 Control Act or the Illinois Controlled Substances Act,
5 unless prescribed by a physician, and submit samples of
6 his or her blood or urine or both for tests to determine
7 the presence of any illicit drug.
8 (d) The court shall defer entering any judgment on the
9 charges until the conclusion of the supervision.
10 (e) At the conclusion of the period of supervision, if
11 the court determines that the defendant has successfully
12 complied with all of the conditions of supervision, the court
13 shall discharge the defendant and enter a judgment dismissing
14 the charges.
15 (f) Discharge and dismissal upon a successful conclusion
16 of a disposition of supervision shall be deemed without
17 adjudication of guilt and shall not be termed a conviction
18 for purposes of disqualification or disabilities imposed by
19 law upon conviction of a crime. Two years after the
20 discharge and dismissal under this Section, unless the
21 disposition of supervision was for a violation of Sections
22 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance, or
24 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
25 Code of 1961, in which case it shall be 5 years after
26 discharge and dismissal, a person may have his record of
27 arrest sealed or expunged as may be provided by law.
28 However, any defendant placed on supervision before January
29 1, 1980, may move for sealing or expungement of his arrest
30 record, as provided by law, at any time after discharge and
31 dismissal under this Section. A person placed on supervision
32 for a sexual offense committed against a minor as defined in
33 subsection (g) of Section 5 of the Criminal Identification
34 Act or for a violation of Section 11-501 of the Illinois
HB1268 Enrolled -1214- LRB9000999EGfg
1 Vehicle Code or a similar provision of a local ordinance
2 shall not have his or her record of arrest sealed or
3 expunged.
4 (g) A defendant placed on supervision and who during the
5 period of supervision undergoes mandatory drug or alcohol
6 testing, or both, or is assigned to be placed on an approved
7 electronic monitoring device, shall be ordered to pay the
8 costs incidental to such mandatory drug or alcohol testing,
9 or both, and costs incidental to such approved electronic
10 monitoring in accordance with the defendant's ability to pay
11 those costs. The county board with the concurrence of the
12 Chief Judge of the judicial circuit in which the county is
13 located shall establish reasonable fees for the cost of
14 maintenance, testing, and incidental expenses related to the
15 mandatory drug or alcohol testing, or both, and all costs
16 incidental to approved electronic monitoring, of all
17 defendants placed on supervision. The concurrence of the
18 Chief Judge shall be in the form of an administrative order.
19 The fees shall be collected by the clerk of the circuit
20 court. The clerk of the circuit court shall pay all moneys
21 collected from these fees to the county treasurer who shall
22 use the moneys collected to defray the costs of drug testing,
23 alcohol testing, and electronic monitoring. The county
24 treasurer shall deposit the fees collected in the county
25 working cash fund under Section 6-27001 or Section 6-29002 of
26 the Counties Code, as the case may be.
27 (h) A disposition of supervision is a final order for
28 the purposes of appeal.
29 (i) The court shall impose upon a defendant placed on
30 supervision after January 1, 1992, as a condition of
31 supervision, a fee of $25 for each month of supervision
32 ordered by the court, unless after determining the inability
33 of the person placed on supervision to pay the fee, the court
34 assesses a lesser fee. The court may not impose the fee on a
HB1268 Enrolled -1215- LRB9000999EGfg
1 minor who is made a ward of the State under the Juvenile
2 Court Act of 1987 while the minor is in placement. The fee
3 shall be imposed only upon a defendant who is actively
4 supervised by the probation and court services department.
5 The fee shall be collected by the clerk of the circuit court.
6 The clerk of the circuit court shall pay all monies collected
7 from this fee to the county treasurer for deposit in the
8 probation and court services fund pursuant to Section 15.1 of
9 the Probation and Probation Officers Act.
10 (j) All fines and costs imposed under this Section for
11 any violation of Chapters 3, 4, 6, and 11 of the Illinois
12 Vehicle Code, or a similar provision of a local ordinance,
13 and any violation of the Child Passenger Protection Act, or a
14 similar provision of a local ordinance, shall be collected
15 and disbursed by the circuit clerk as provided under Section
16 27.5 of the Clerks of Courts Act.
17 (k) A defendant at least 17 years of age who is placed
18 on supervision for a misdemeanor in a county of 3,000,000 or
19 more inhabitants and who has not been previously convicted of
20 a misdemeanor or felony may as a condition of his or her
21 supervision be required by the court to attend educational
22 courses designed to prepare the defendant for a high school
23 diploma and to work toward a high school diploma or to work
24 toward passing the high school level Test of General
25 Educational Development (GED) or to work toward completing a
26 vocational training program approved by the court. The
27 defendant placed on supervision must attend a public
28 institution of education to obtain the educational or
29 vocational training required by this subsection (k). The
30 defendant placed on supervision shall be required to pay for
31 the cost of the educational courses or GED test, if a fee is
32 charged for those courses or test. The court shall revoke
33 the supervision of a person who wilfully fails to comply with
34 this subsection (k). The court shall resentence the
HB1268 Enrolled -1216- LRB9000999EGfg
1 defendant upon revocation of supervision as provided in
2 Section 5-6-4. This subsection (k) does not apply to a
3 defendant who has a high school diploma or has successfully
4 passed the GED test. This subsection (k) does not apply to a
5 defendant who is determined by the court to be
6 developmentally disabled or otherwise mentally incapable of
7 completing the educational or vocational program.
8 (l) (k) The court shall require a defendant placed on
9 supervision for possession of a substance prohibited by the
10 Cannabis Control Act or Illinois Controlled Substances Act
11 after a previous conviction or disposition of supervision for
12 possession of a substance prohibited by the Cannabis Control
13 Act or Illinois Controlled Substances Act or a sentence of
14 probation under Section 10 of the Cannabis Control Act or
15 Section 410 of the Illinois Controlled Substances Act and
16 after a finding by the court that the person is addicted, to
17 undergo treatment at a substance abuse program approved by
18 the court.
19 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
20 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
21 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
22 1-1-98; revised 10-30-97.)
23 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
24 Sec. 5-7-1. Sentence of Periodic Imprisonment.
25 (a) A sentence of periodic imprisonment is a sentence of
26 imprisonment during which the committed person may be
27 released for periods of time during the day or night or for
28 periods of days, or both, or if convicted of a felony, other
29 than first degree murder, a Class X or Class 1 felony,
30 committed to any county, municipal, or regional correctional
31 or detention institution or facility in this State for such
32 periods of time as the court may direct. Unless the court
33 orders otherwise, the particular times and conditions of
HB1268 Enrolled -1217- LRB9000999EGfg
1 release shall be determined by the Department of Corrections,
2 the sheriff, or the Superintendent of the house of
3 corrections, who is administering the program.
4 (b) A sentence of periodic imprisonment may be imposed
5 to permit the defendant to:
6 (1) seek employment;
7 (2) work;
8 (3) conduct a business or other self-employed
9 occupation including housekeeping;
10 (4) attend to family needs;
11 (5) attend an educational institution, including
12 vocational education;
13 (6) obtain medical or psychological treatment;
14 (7) perform work duties at a county, municipal, or
15 regional correctional or detention institution or
16 facility;
17 (8) continue to reside at home with or without
18 supervision involving the use of an approved electronic
19 monitoring device, subject to Article 8A of Chapter V; or
20 (9) for any other purpose determined by the court.
21 (c) Except where prohibited by other provisions of this
22 Code, the court may impose a sentence of periodic
23 imprisonment for a felony or misdemeanor on a person who is
24 17 years of age or older. The court shall not impose a
25 sentence of periodic imprisonment if it imposes a sentence of
26 imprisonment upon the defendant in excess of 90 days.
27 (d) A sentence of periodic imprisonment shall be for a
28 definite term of from 3 to 4 years for a Class 1 felony, 18
29 to 30 months for a Class 2 felony, and up to 18 months, or
30 the longest sentence of imprisonment that could be imposed
31 for the offense, whichever is less, for all other offenses;
32 however, no person shall be sentenced to a term of periodic
33 imprisonment longer than one year if he is committed to a
34 county correctional institution or facility, and in
HB1268 Enrolled -1218- LRB9000999EGfg
1 conjunction with that sentence participate in a county work
2 release program comparable to the work and day release
3 program provided for in Article 13 of the Unified Code of
4 Corrections in State facilities. The term of the sentence
5 shall be calculated upon the basis of the duration of its
6 term rather than upon the basis of the actual days spent in
7 confinement. No sentence of periodic imprisonment shall be
8 subject to the good time credit provisions of Section 3-6-3
9 of this Code.
10 (e) When the court imposes a sentence of periodic
11 imprisonment, it shall state:
12 (1) the term of such sentence;
13 (2) the days or parts of days which the defendant
14 is to be confined;
15 (3) the conditions.
16 (f) The court may issue an order of protection pursuant
17 to the Illinois Domestic Violence Act of 1986 as a condition
18 of a sentence of periodic imprisonment. The Illinois Domestic
19 Violence Act of 1986 shall govern the issuance, enforcement
20 and recording of orders of protection issued under this
21 Section. A copy of the order of protection shall be
22 transmitted to the person or agency having responsibility for
23 the case.
24 (g) An offender sentenced to periodic imprisonment who
25 undergoes mandatory drug or alcohol testing, or both, or is
26 assigned to be placed on an approved electronic monitoring
27 device, shall be ordered to pay the costs incidental to such
28 mandatory drug or alcohol testing, or both, and costs
29 incidental to such approved electronic monitoring in
30 accordance with the defendant's ability to pay those costs.
31 The county board with the concurrence of the Chief Judge of
32 the judicial circuit in which the county is located shall
33 establish reasonable fees for the cost of maintenance,
34 testing, and incidental expenses related to the mandatory
HB1268 Enrolled -1219- LRB9000999EGfg
1 drug or alcohol testing, or both, and all costs incidental to
2 approved electronic monitoring, of all offenders with a
3 sentence of periodic imprisonment. The concurrence of the
4 Chief Judge shall be in the form of an administrative order.
5 The fees shall be collected by the clerk of the circuit
6 court. The clerk of the circuit court shall pay all moneys
7 collected from these fees to the county treasurer who shall
8 use the moneys collected to defray the costs of drug
9 testing, alcohol testing, and electronic monitoring. The
10 county treasurer shall deposit the fees collected in the
11 county working cash fund under Section 6-27001 or Section
12 6-29002 of the Counties Code, as the case may be.
13 (h) All fees and costs imposed under this Section for
14 any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (i) A defendant at least 17 years of age who is
21 convicted of a misdemeanor or felony in a county of 3,000,000
22 or more inhabitants and who has not been previously convicted
23 of a misdemeanor or a felony and who is sentenced to a term
24 of periodic imprisonment may as a condition of his or her
25 sentence be required by the court to attend educational
26 courses designed to prepare the defendant for a high school
27 diploma and to work toward receiving a high school diploma or
28 to work toward passing the high school level Test of General
29 Educational Development (GED) or to work toward completing a
30 vocational training program approved by the court. The
31 defendant sentenced to periodic imprisonment must attend a
32 public institution of education to obtain the educational or
33 vocational training required by this subsection (i). The
34 defendant sentenced to a term of periodic imprisonment shall
HB1268 Enrolled -1220- LRB9000999EGfg
1 be required to pay for the cost of the educational courses or
2 GED test, if a fee is charged for those courses or test. The
3 court shall revoke the sentence of periodic imprisonment of
4 the defendant who wilfully fails to comply with this
5 subsection (i). The court shall resentence the defendant
6 whose sentence of periodic imprisonment has been revoked as
7 provided in Section 5-7-2. This subsection (i) does not
8 apply to a defendant who has a high school diploma or has
9 successfully passed the GED test. This subsection (i) does
10 not apply to a defendant who is determined by the court to be
11 developmentally disabled or otherwise mentally incapable of
12 completing the educational or vocational program.
13 (Source: P.A. 89-688, eff. 6-1-97; 90-399, eff. 1-1-98;
14 revised 10-30-97.)
15 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
16 Sec. 5-9-1. Authorized fines.
17 (a) An offender may be sentenced to pay a fine which
18 shall not exceed for each offense:
19 (1) for a felony, $25,000 or the amount specified
20 in the offense, whichever is greater, or where the
21 offender is a corporation, $50,000 or the amount
22 specified in the offense, whichever is greater;
23 (2) for a Class A misdemeanor, $2,500 or the amount
24 specified in the offense, whichever is greater;
25 (3) for a Class B or Class C misdemeanor, $1,500;
26 (4) for a petty offense, $1,000 or the amount
27 specified in the offense, whichever is less;
28 (5) for a business offense, the amount specified in
29 the statute defining that offense.
30 (b) A fine may be imposed in addition to a sentence of
31 conditional discharge, probation, periodic imprisonment, or
32 imprisonment.
33 (c) There shall be added to every fine imposed in
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1 sentencing for a criminal or traffic offense, except an
2 offense relating to parking or registration, or offense by a
3 pedestrian, an additional penalty of $5 for each $40, or
4 fraction thereof, of fine imposed. The additional penalty of
5 $5 for each $40, or fraction thereof, of fine imposed, if not
6 otherwise assessed, shall also be added to every fine imposed
7 upon a plea of guilty, stipulation of facts or findings of
8 guilty, resulting in a judgment of conviction, or order of
9 supervision in criminal, traffic, local ordinance, county
10 ordinance, and conservation cases (except parking,
11 registration, or pedestrian violations), or upon a sentence
12 of probation without entry of judgment under Section 10 of
13 the Cannabis Control Act or Section 410 of the Controlled
14 Substances Act.
15 Such additional amounts shall be assessed by the court
16 imposing the fine and shall be collected by the Circuit Clerk
17 in addition to the fine and costs in the case. Each such
18 additional penalty shall be remitted by the Circuit Clerk
19 within one month after receipt to the State Treasurer. The
20 State Treasurer shall deposit $1 for each $40, or fraction
21 thereof, of fine imposed into the LEADS Maintenance Fund.
22 The remaining surcharge amount shall be deposited into the
23 Traffic and Criminal Conviction Surcharge Fund, unless the
24 fine, costs or additional amounts are subject to disbursement
25 by the circuit clerk under Section 27.5 of the Clerks of
26 Courts Act. Such additional penalty shall not be considered
27 a part of the fine for purposes of any reduction in the fine
28 for time served either before or after sentencing. Not
29 later than March 1 of each year the Circuit Clerk shall
30 submit a report of the amount of funds remitted to the State
31 Treasurer under this subsection (c) during the preceding
32 calendar year. Except as otherwise provided by Supreme Court
33 Rules, if a court in imposing a fine against an offender
34 levies a gross amount for fine, costs, fees and penalties,
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1 the amount of the additional penalty provided for herein
2 shall be computed on the amount remaining after deducting
3 from the gross amount levied all fees of the Circuit Clerk,
4 the State's Attorney and the Sheriff. After deducting from
5 the gross amount levied the fees and additional penalty
6 provided for herein, less any other additional penalties
7 provided by law, the clerk shall remit the net balance
8 remaining to the entity authorized by law to receive the fine
9 imposed in the case. For purposes of this Section "fees of
10 the Circuit Clerk" shall include, if applicable, the fee
11 provided for under Section 27.3a of the Clerks of Courts Act
12 and the fee, if applicable, payable to the county in which
13 the violation occurred pursuant to Section 5-1101 of the
14 Counties Code.
15 (c-5) In addition to the fines imposed by subsection
16 (c), any person convicted or receiving an order of
17 supervision for driving under the influence of alcohol or
18 drugs shall pay an additional $25 fee to the clerk. This
19 additional fee, less 2 1/2% that shall be used to defray
20 administrative costs incurred by the clerk, shall be remitted
21 by the clerk to the Treasurer within 60 days after receipt
22 for deposit into the Trauma Center Fund. This additional fee
23 of $25 shall not be considered a part of the fine for
24 purposes of any reduction in the fine for time served either
25 before or after sentencing. Not later than March 1 of each
26 year the Circuit Clerk shall submit a report of the amount of
27 funds remitted to the State Treasurer under this subsection
28 (c-5) during the preceding calendar year.
29 The Circuit Clerk may accept payment of fines and costs
30 by credit card from an offender who has been convicted of a
31 traffic offense, petty offense or misdemeanor and may charge
32 the service fee permitted where fines and costs are paid by
33 credit card provided for in Section 27.3b of the Clerks of
34 Courts Act.
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1 (d) In determining the amount and method of payment of a
2 fine, except for those fines established for violations of
3 Chapter 15 of the Illinois Vehicle Code, the court shall
4 consider:
5 (1) the financial resources and future ability of
6 the offender to pay the fine; and
7 (2) whether the fine will prevent the offender from
8 making court ordered restitution or reparation to the
9 victim of the offense; and
10 (3) in a case where the accused is a dissolved
11 corporation and the court has appointed counsel to
12 represent the corporation, the costs incurred either by
13 the county or the State for such representation.
14 (e) The court may order the fine to be paid forthwith or
15 within a specified period of time or in installments.
16 (f) All fines, costs and additional amounts imposed
17 under this Section for any violation of Chapters 3, 4, 6, and
18 11 of the Illinois Vehicle Code, or a similar provision of a
19 local ordinance, and any violation of the Child Passenger
20 Protection Act, or a similar provision of a local ordinance,
21 shall be collected and disbursed by the circuit clerk as
22 provided under Section 27.5 of the Clerks of Courts Act.
23 (Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98;
24 90-384, eff. 1-1-98; revised 10-3-97.)
25 (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
26 Sec. 5-9-1.4. (a) "Crime laboratory" means any
27 not-for-profit laboratory registered with the Drug
28 Enforcement Administration of the United States Department of
29 Justice, substantially funded by a unit or combination of
30 units of local government or the State of Illinois, which
31 regularly employs at least one person engaged in the analysis
32 of controlled substances, cannabis or steroids for criminal
33 justice agencies in criminal matters and provides testimony
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1 with respect to such examinations.
2 (b) When a person has been adjudged guilty of an offense
3 in violation of the Cannabis Control Act, the Illinois
4 Controlled Substances Act or the Steroid Control Act, in
5 addition to any other disposition, penalty or fine imposed, a
6 criminal laboratory analysis fee of $50 for each offense for
7 which he was convicted shall be levied by the court. Any
8 person placed on probation pursuant to Section 10 of the
9 Cannabis Control Act, Section 410 of the Illinois Controlled
10 Substances Act or Section 10 of the Steroid Control Act or
11 placed on supervision for a violation of the Cannabis Control
12 Act, the Illinois Controlled Substances Act or the Steroid
13 Control Act shall be assessed a criminal laboratory analysis
14 fee of $50 for each each offense for which he was charged.
15 Upon verified petition of the person, the court may suspend
16 payment of all or part of the fee if it finds that the person
17 does not have the ability to pay the fee.
18 (c) In addition to any other disposition made pursuant
19 to the provisions of the Juvenile Court Act of 1987, any
20 minor adjudicated delinquent for an offense which if
21 committed by an adult would constitute a violation of the
22 Cannabis Control Act, the Illinois Controlled Substances Act
23 or the Steroid Control Act shall be assessed a criminal
24 laboratory analysis fee of $50 for each adjudication. Upon
25 verified petition of the minor, the court may suspend payment
26 of all or part of the fee if it finds that the minor does not
27 have the ability to pay the fee. The parent, guardian or
28 legal custodian of the minor may pay some or all of such fee
29 on the minor's behalf.
30 (d) All criminal laboratory analysis fees provided for
31 by this Section shall be collected by the clerk of the court
32 and forwarded to the appropriate crime laboratory fund as
33 provided in subsection (f).
34 (e) Crime laboratory funds shall be established as
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1 follows:
2 (1) Any unit of local government which maintains a
3 crime laboratory may establish a crime laboratory fund
4 within the office of the county or municipal treasurer.
5 (2) Any combination of units of local government
6 which maintains a crime laboratory may establish a crime
7 laboratory fund within the office of the treasurer of the
8 county where the crime laboratory is situated.
9 (3) The State Crime Laboratory Fund is hereby
10 created as a special fund in the State Treasury.
11 (f) The analysis fee provided for in subsections (b) and
12 (c) of this Section shall be forwarded to the office of the
13 treasurer of the unit of local government that performed the
14 analysis if that unit of local government has established a
15 crime laboratory fund, or to the State Crime Laboratory Fund
16 if the analysis was performed by a laboratory operated by the
17 Illinois State Police. If the analysis was performed by a
18 crime laboratory funded by a combination of units of local
19 government, the analysis fee shall be forwarded to the
20 treasurer of the county where the crime laboratory is
21 situated if a crime laboratory fund has been established in
22 that county. If the unit of local government or combination
23 of units of local government has not established a crime
24 laboratory fund, then the analysis fee shall be forwarded to
25 the State Crime Laboratory Fund. The clerk of the circuit
26 court may retain the amount of $5 from each collected
27 analysis fee to offset administrative costs incurred in
28 carrying out the clerk's responsibilities under this Section.
29 (g) Fees deposited into a crime laboratory fund created
30 pursuant to paragraphs (1) or (2) of subsection (e) of this
31 Section shall be in addition to any allocations made pursuant
32 to existing law and shall be designated for the exclusive use
33 of the crime laboratory. These uses may include, but are not
34 limited to, the following:
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1 (1) costs incurred in providing analysis for
2 controlled substances in connection with criminal
3 investigations conducted within this State;
4 (2) purchase and maintenance of equipment for use
5 in performing analyses; and
6 (3) continuing education, training and professional
7 development of forensic scientists regularly employed by
8 these laboratories.
9 (h) Fees deposited in the State Crime Laboratory Fund
10 created pursuant to paragraph (3) of subsection (d) of this
11 Section shall be used by State crime laboratories as
12 designated by the Director of State Police. These funds
13 shall be in addition to any allocations made pursuant to
14 existing law and shall be designated for the exclusive use of
15 State crime laboratories. These uses may include those
16 enumerated in subsection (g) of this Section.
17 (Source: P.A. 86-1399; 86-1475; revised 7-11-97.)
18 (730 ILCS 5/5-9-1.10)
19 Sec. 5-9-1.10. Additional fines. There shall be added
20 to every penalty imposed in sentencing for a violation of
21 Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
22 1961 an additional fine of $100 payable to the clerk, which
23 shall be imposed upon the entry of a judgment of conviction.
24 This additional fee, less 2 1/2% that shall be used to defray
25 administrative costs incurred by the clerk, shall be remitted
26 by the clerk to the Treasurer within 60 days after receipt
27 for deposit into the Trauma Center Fund. This additional fee
28 of $100 shall not be considered a part of the fine for
29 purposes of any reduction in the fine for time served either
30 before or after sentencing. Not later than March 1 of each
31 year the circuit clerk shall submit a report of the amount of
32 funds remitted to the State Treasurer under this Section
33 during the preceding calendar year. All moneys collected by
HB1268 Enrolled -1227- LRB9000999EGfg
1 the circuit clerk and remitted to the State Treasurer under
2 Section 27.6 26.7 of the Clerks of Courts Act shall be
3 deposited into the Trauma Center Fund for distribution as
4 provided under Section 3.225 of the Emergency Medical
5 Services (EMS) Systems Act.
6 (Source: P.A. 89-516, eff. 7-18-96; revised 12-18-97.)
7 Section 164. The Sex Offender Registration Act is
8 amended by changing Sections 2 and 10 as follows:
9 (730 ILCS 150/2) (from Ch. 38, par. 222)
10 Sec. 2. Definitions. As used in this Article, the
11 following definitions apply:
12 (A) "Sex offender" means any person who is:
13 (1) charged pursuant to Illinois law, or any
14 substantially similar federal or sister state law, with a
15 sex offense set forth in subsection (B) of this Section
16 or the attempt to commit an included sex offense, and:
17 (a) is convicted of such offense or an attempt
18 to commit such offense; or
19 (b) is found not guilty by reason of insanity
20 of such offense or an attempt to commit such
21 offense; or
22 (c) is found not guilty by reason of insanity
23 pursuant to Section 104-25(c) of the Code of
24 Criminal Procedure of 1963 of such offense or an
25 attempt to commit such offense; or
26 (d) is the subject of a finding not resulting
27 in an acquittal at a hearing conducted pursuant to
28 Section 104-25(a) of the Code of Criminal Procedure
29 of 1963 for the alleged commission or attempted
30 commission of such offense; or
31 (e) is found not guilty by reason of insanity
32 following a hearing conducted pursuant to a federal
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1 or sister state law substantially similar to Section
2 104-25(c) of the Code of Criminal Procedure of 1963
3 of such offense or of the attempted commission of
4 such offense; or
5 (f) is the subject of a finding not resulting
6 in an acquittal at a hearing conducted pursuant to a
7 federal or sister state law substantially similar to
8 Section 104-25(a) of the Code of Criminal Procedure
9 of 1963 for the alleged violation or attempted
10 commission of such offense; or
11 (2) certified as a sexually dangerous person
12 pursuant to the Illinois Sexually Dangerous Persons Act,
13 or any substantially similar federal or sister state law;
14 or
15 (3) subject to the provisions of Section 2 of the
16 Interstate Agreements on Sexually Dangerous Persons Act.
17 Convictions that result from or are connected with the
18 same act, or result from offenses committed at the same time,
19 shall be counted for the purpose of this Article as one
20 conviction. Any conviction set aside pursuant to law is not
21 a conviction for purposes of this Article.
22 (B) As used in this Section, "sex offense" means:
23 (1) A violation of any of the following Sections of
24 the Criminal Code of 1961, when the violation is a
25 felony:
26 11-20.1 (child pornography),
27 11-6 (indecent solicitation of a child),
28 11-9.1 (sexual exploitation of a child),
29 11-15.1 (soliciting for a juvenile prostitute),
30 11-18.1 (patronizing a juvenile prostitute),
31 11-17.1 (keeping a place of juvenile
32 prostitution),
33 11-19.1 (juvenile pimping),
34 11-19.2 (exploitation of a child),
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1 12-13 (criminal sexual assault),
2 12-14 (aggravated criminal sexual assault),
3 12-14.1 (predatory criminal sexual assault of a
4 child),
5 12-15 (criminal sexual abuse),
6 12-16 (aggravated criminal sexual abuse),
7 12-33 (ritualized abuse of a child).
8 An attempt to commit any of these offenses.
9 (1.5) A felony violation of any of the following
10 Sections of the Criminal Code of 1961, when the victim is
11 a person under 18 years of age, the defendant is not a
12 parent of the victim, and the offense was committed on or
13 after January 1, 1996:
14 10-1 (kidnapping),
15 10-2 (aggravated kidnapping),
16 10-3 (unlawful restraint),
17 10-3.1 (aggravated unlawful restraint).
18 An attempt to commit any of these offenses.
19 (1.6) First degree murder under Section 9-1 of the
20 Criminal Code of 1961, when the victim was a person under
21 18 years of age, the defendant was at least 17 years of
22 age at the time of the commission of the offense, and the
23 offense was committed on or after June 1, 1996.
24 (1.7) A misdemeanor violation of any of the
25 following Sections of the Criminal Code of 1961, when the
26 offense was committed on or after June 1, 1997:
27 11-6 (indecent solicitation of a child),
28 11-9.1 (sexual exploitation of a child),
29 12-15 (criminal sexual abuse).,
30 An attempt to commit any of these offenses.
31 (1.8) A violation or attempted violation of Section
32 11-11 (sexual relations within families) of the Criminal
33 Code of 1961, when the victim was a person under 18 years
34 of age and the offense was committed on or after June 1,
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1 1997.
2 (1.9) (1.7) Child abduction under paragraph (10) of
3 subsection (b) of Section 10-5 of the Criminal Code of
4 1961 committed by luring or attempting to lure a child
5 under the age of 16 into a motor vehicle, building,
6 housetrailer, or dwelling place without the consent of
7 the parent or lawful custodian of the child for other
8 than a lawful purpose and the offense was committed on or
9 after January 1, 1998 the effective date of this
10 amendatory Act of 1997.
11 (2) A violation of any former law of this State
12 substantially equivalent to any offense listed in
13 subsection (B)(1) of this Section.
14 (C) A conviction for an offense of federal law or the
15 law of another state that is substantially equivalent to any
16 offense listed in subsection (B) of this Section shall
17 constitute a conviction for the purpose of this Article. A
18 finding or adjudication as a sexually dangerous person under
19 any federal law or law of another state that is substantially
20 equivalent to the Sexually Dangerous Persons Act shall
21 constitute an adjudication for the purposes of this Article.
22 (C-5) A person at least 17 years of age at the time of
23 the commission of the offense who is convicted of first
24 degree murder under Section 9-1 of the Criminal Code of 1961,
25 committed on or after June 1, 1996 against a person under 18
26 years of age, shall be required to register for a period of
27 10 years after conviction or adjudication if not confined to
28 a penal institution, hospital, or any other institution or
29 facility, and if confined, for a period of 10 years after
30 parole, discharge, or release from the facility. Liability
31 for registration terminates at the expiration of 10 years
32 from the date of conviction or adjudication if not confined
33 in a penal institution, hospital, or any other institution or
34 facility, and if confined at the expiration of 10 years from
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1 the date of parole, discharge, or release from any facility;
2 provided that the child murderer does not, during that period
3 again become liable to register under the provisions of this
4 Article or the Sex Offender and Child Murderer Community
5 Notification Law.
6 (D) As used in this Article, "law enforcement agency
7 having jurisdiction" means the Chief of Police in the
8 municipality in which the sex offender expects to reside (1)
9 upon his or her discharge, parole or release or (2) during
10 the service of his or her sentence of probation or
11 conditional discharge, or the Sheriff of the county, in the
12 event no Police Chief exists or if the offender intends to
13 reside in an unincorporated area.
14 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
15 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
16 revised 9-2-97.)
17 (730 ILCS 150/10) (from Ch. 38, par. 230)
18 Sec. 10. Penalty. Any person who is required to
19 register under this Article who violates any of the
20 provisions of this Article, any person who is required to
21 register under this Article who knowingly or wilfully gives
22 material information required by this Article that is false,
23 and any person who is required to register under this Article
24 who seeks to change his or her name under Article 21 of the
25 Code of Civil Procedure is guilty of a Class 4 felony. Any
26 person convicted of a violation of any provision of this
27 Article shall, in addition to any other penalty required by
28 law, be required to serve a minimum period of 7 days
29 confinement in the local county jail. The court shall impose
30 a mandatory minimum fine of $500 for failure to comply with
31 any provision of this Article. These fines shall be
32 deposited in the Sex Offender Registration Fund.
33 (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125,
HB1268 Enrolled -1232- LRB9000999EGfg
1 eff. 1-1-98; 90-193, eff. 7-24-97; revised 9-2-97.)
2 Section 165. The Sex Offender and Child Murderer
3 Community Notification Law is amended by changing the Article
4 1 heading as follows:
5 (730 ILCS 152/Art. 1 heading)
6 ARTICLE 1. THE CHILD SEX OFFENDER
7 AND MURDERER COMMUNITY NOTIFICATION LAW.
8 Section 166. The Code of Civil Procedure is amended by
9 changing Sections 2-1401, 7-103, 12-112, 13-113, 13-202.1,
10 and 14-103 as follows:
11 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
12 Sec. 2-1401. Relief from judgments.
13 (a) Relief from final orders and judgments, after 30
14 days from the entry thereof, may be had upon petition as
15 provided in this Section. Writs of error coram nobis and
16 coram vobis, bills of review and bills in the nature of bills
17 of review are abolished. All relief heretofore obtainable
18 and the grounds for such relief heretofore available, whether
19 by any of the foregoing remedies or otherwise, shall be
20 available in every case, by proceedings hereunder, regardless
21 of the nature of the order or judgment from which relief is
22 sought or of the proceedings in which it was entered. Except
23 as provided in Section 6 of the Illinois Parentage Act of
24 1984, there shall be no distinction between actions and other
25 proceedings, statutory or otherwise, as to availability of
26 relief, grounds for relief or the relief obtainable.
27 (b) The petition must be filed in the same proceeding in
28 which the order or judgment was entered but is not a
29 continuation thereof. The petition must be supported by
30 affidavit or other appropriate showing as to matters not of
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1 record. All parties to the petition shall be notified as
2 provided by rule.
3 (c) Except as provided in Section 20b of the Adoption
4 Act and Section 3-32 of the Juvenile Court Act of 1987 or in
5 a petition based upon Section 116-3 of the Code of Criminal
6 Procedure of 1963, the petition must be filed not later than
7 2 years after the entry of the order or judgment. Time
8 during which the person seeking relief is under legal
9 disability or duress or the ground for relief is fraudulently
10 concealed shall be excluded in computing the period of 2
11 years.
12 (d) The filing of a petition under this Section does not
13 affect the order or judgment, or suspend its operation.
14 (e) Unless lack of jurisdiction affirmatively appears
15 from the record proper, the vacation or modification of an
16 order or judgment pursuant to the provisions of this Section
17 does not affect the right, title or interest in or to any
18 real or personal property of any person, not a party to the
19 original action, acquired for value after the entry of the
20 order or judgment but before the filing of the petition, nor
21 affect any right of any person not a party to the original
22 action under any certificate of sale issued before the filing
23 of the petition, pursuant to a sale based on the order or
24 judgment.
25 (f) Nothing contained in this Section affects any
26 existing right to relief from a void order or judgment, or to
27 employ any existing method to procure that relief.
28 (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
29 eff. 1-1-98; revised 8-4-97.)
30 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
31 Sec. 7-103. "Quick-take". This Section applies only to
32 proceedings under this Article:
33 (1) by the State of Illinois, the Illinois Toll
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1 Highway Authority or the St. Louis Metropolitan Area
2 Airport Authority for the acquisition of land or
3 interests therein for highway purposes;
4 (2) (blank);
5 (3) by the Department of Commerce and Community
6 Affairs for the purpose specified in the Illinois Coal
7 Development Bond Act;
8 (4) (blank);
9 (5) for the purpose specified in the St. Louis
10 Metropolitan Area Airport Authority Act;
11 (6) for a period of 24 months after May 24, 1996,
12 by the Southwestern Illinois Development Authority
13 pursuant to the Southwestern Illinois Development
14 Authority Act;
15 (7) for a period of 3 years after December 30,
16 1987, by the Quad Cities Regional Economic Development
17 Authority (except for the acquisition of land or
18 interests therein that is farmland, or upon which is
19 situated a farm dwelling and appurtenant structures, or
20 upon which is situated a residence, or which is wholly
21 within an area that is zoned for residential use)
22 pursuant to the Quad Cities Regional Economic Development
23 Authority Act;
24 (8) by a sanitary district created under the
25 Metropolitan Water Reclamation District Act for the
26 acquisition of land or interests therein for purposes
27 specified in that Act;
28 (9) by a rail carrier within the time limitations
29 and subject to the terms and conditions set forth in
30 Section 18c-7501 of the Illinois Vehicle Code;
31 (10) for a period of 18 months after January 26,
32 1987, for the purpose specified in Division 135 of
33 Article 11 of the Illinois Municipal Code, by a
34 commission created under Section 2 of the Water
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1 Commission Act of 1985;
2 (11) by a village containing a population of less
3 than 15,000 for the purpose of acquiring property to be
4 used for a refuse derived fuel system designed to
5 generate steam and electricity, and for industrial
6 development that will utilize such steam and electricity,
7 pursuant to Section 11-19-10 of the Illinois Municipal
8 Code;
9 (12) after receiving the prior approval of the City
10 Council, by a municipality having a population of more
11 than 500,000 for the purposes set forth in Section
12 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
13 Illinois Municipal Code, and for the same purposes when
14 established pursuant to home rule powers;
15 (13) by a home rule municipality, after a public
16 hearing held by the corporate authorities or by a
17 committee of the corporate authorities and after approval
18 by a majority of the corporate authorities, within an
19 area designated as an enterprise zone by the municipality
20 under the Illinois Enterprise Zone Act;
21 (14) by the Illinois Sports Facilities Authority
22 for the purpose specified in Section 12 of the Illinois
23 Sports Facilities Authority Act;
24 (15) by a municipality having a population of more
25 than 2,000,000 for the purpose of acquiring the property
26 described in Section 3 of the Sports Stadium Act;
27 (16) for a period of 18 months after July 29, 1986,
28 in any proceeding by the Board of Trustees of the
29 University of Illinois for the acquisition of land in
30 Champaign County or interests therein as a site for a
31 building or for any educational purpose;
32 (17) for a period of 2 years after July 1, 1990, by
33 a home rule municipality and a county board, upon
34 approval of a majority of the corporate authorities of
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1 both the county board and the municipality, within an
2 area designated as an enterprise zone by the municipality
3 and the county board through an intergovernmental
4 agreement under the Illinois Enterprise Zone Act, when
5 the purpose of the condemnation proceeding is to acquire
6 land for the construction of an industrial harbor port,
7 and when the total amount of land to be acquired for that
8 purpose is less than 75 acres and is adjacent to the
9 Illinois River;
10 (18) by an airport authority located solely within
11 the boundaries of Madison County, Illinois, and which is
12 organized pursuant to the provisions of the Airport
13 Authorities Act, (i) for the acquisition of 160 acres, or
14 less, of land or interests therein for the purposes
15 specified in that Act which may be necessary to extend,
16 mark, and light runway 11/29 for a distance of 1600 feet
17 in length by 100 feet in width with parallel taxiway, to
18 relocate and mark County Highway 19, Madison County,
19 known as Moreland Road, to relocate the instrument
20 landing system including the approach lighting system and
21 to construct associated drainage, fencing and seeding
22 required for the foregoing project and (ii) for a period
23 of 6 months after December 28, 1989, for the acquisition
24 of 75 acres, or less, of land or interests therein for
25 the purposes specified in that Act which may be necessary
26 to extend, mark and light the south end of runway 17/35
27 at such airport;
28 (19) by any unit of local government for a
29 permanent easement for the purpose of maintaining,
30 dredging or cleaning the Little Calumet River;
31 (20) by any unit of local government for a
32 permanent easement for the purpose of maintaining,
33 dredging or cleaning the Salt Creek in DuPage County;
34 (21) by St. Clair County, Illinois, for the
HB1268 Enrolled -1237- LRB9000999EGfg
1 development of a joint use facility at Scott Air Force
2 Base;
3 (22) by the Village of Summit, Illinois, to acquire
4 land for a waste to energy plant;
5 (23) for a period of 15 months after September 7,
6 1990, by the Department of Transportation or by any unit
7 of local government under the terms of an
8 intergovernmental cooperation agreement between the
9 Department of Transportation and the unit of local
10 government for the purpose of developing aviation
11 facilities in and around Chanute Air Force Base in
12 Champaign County, Illinois;
13 (24) for a period of 1 year after December 12,
14 1990, by the City of Morris for the development of the
15 Morris Municipal Airport;
16 (25) for a period of 1 year after June 19, 1991, by
17 the Greater Rockford Airport Authority for airport
18 expansion purposes;
19 (26) for a period of 24 months after June 30, 1991,
20 by the City of Aurora for completion of an instrument
21 landing system and construction of an east-west runway at
22 the Aurora Municipal Airport;
23 (27) for the acquisition by the Metropolitan Pier
24 and Exposition Authority of property described in
25 subsection (f) of Section 5 of the Metropolitan Pier and
26 Exposition Authority Act for the purposes of providing
27 additional grounds, buildings, and facilities related to
28 the purposes of the Metropolitan Pier and Exposition
29 Authority;
30 (28) for a period of 24 months after March 1, 1992,
31 by the Village of Wheeling and the City of Prospect
32 Heights, owners of the Palwaukee Municipal Airport, to
33 allow for the acquisition of right of way to complete the
34 realignment of Hintz Road and Wolf Road;
HB1268 Enrolled -1238- LRB9000999EGfg
1 (29) for a period of one year from the effective
2 date of this amendatory Act of 1992, by the
3 Bloomington-Normal Airport Authority for airport
4 expansion purposes;
5 (30) for a period of 24 months after September 10,
6 1993, by the Cook County Highway Department and Lake
7 County Department of Transportation to allow for the
8 acquisition of necessary right-of-way for construction of
9 underpasses for Lake-Cook Road at the Chicago
10 Northwestern Railroad crossing, west of Skokie Boulevard,
11 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
12 crossing, west of Waukegan Road;
13 (31) for a period of one year after December 23,
14 1993, by the City of Arcola and the City of Tuscola for
15 the development of the Arcola/Tuscola Water Transmission
16 Pipeline Project pursuant to the intergovernmental
17 agreement between the City of Arcola and the City of
18 Tuscola;
19 (32) for a period of 24 months from December 23,
20 1993, by the Village of Bensenville for the acquisition
21 of property bounded by Illinois Route 83 to the west and
22 O'Hare International Airport to the east to complete a
23 flood control project known as the Bensenville Ditch;
24 (33) for a period of 9 months after November 1,
25 1993, by the Medical Center Commission for the purpose of
26 acquiring a site for the Illinois State Police Forensic
27 Science Laboratory at Chicago, on the block bounded by
28 Roosevelt Road on the north, Wolcott Street on the east,
29 Washburn Street on the south, and Damen Avenue on the
30 west in Chicago, Illinois;
31 (34) for a period of 36 months after July 14, 1995,
32 by White County for the acquisition of a 3 1/2 mile
33 section of Bellaire Road, which is described as follows:
34 Commencing at the Northwest Corner of the Southeast 1/4
HB1268 Enrolled -1239- LRB9000999EGfg
1 of Section 28, Township 6 South, Range 10 East of the 3rd
2 Principal Meridian; thence South to a point at the
3 Southwest Corner of the Southeast 1/4 of Section 9,
4 Township 7 South, Range 10 East of the 3rd Principal
5 Meridian;
6 (35) for a period of one year after July 14, 1995,
7 by the City of Aurora for permanent and temporary
8 easements except over land adjacent to Indian Creek and
9 west of Selmarten Creek located within the City of Aurora
10 for the construction of Phase II of the Indian Creek
11 Flood Control Project;
12 (35.1) for a period beginning June 24, 1995 (the
13 day following the effective date of Public Act 89-29) and
14 ending on July 13, 1995 (the day preceding the effective
15 date of Public Act 89-134), by the City of Aurora for
16 permanent and temporary easements for the construction of
17 Phase II of the Indian Creek Flood Control Project;
18 (36) for a period of 3 years from July 14, 1995, by
19 the Grand Avenue Railroad Relocation Authority for the
20 Grand Avenue Railroad Grade Separation Project within the
21 Village of Franklin Park, Illinois;
22 (37) for a period of 3 years after July 14, 1995,
23 by the Village of Romeoville for the acquisition of
24 rights-of-way for the 135th Street Bridge Project, lying
25 within the South 1/2 of Section 34, Township 37 North,
26 Range 10 East and the South 1/2 of Section 35, Township
27 37 North, Range 10 East of the Third Principal Meridian,
28 and the North 1/2 of Section 2, Township 36 North, Range
29 10 East and the North 1/2 of Section 3, Township 36
30 North, Range 10 East of the 3rd Principal Meridian, in
31 Will County, Illinois;
32 (37.1) for a period of 3 years after June 23, 1995,
33 by the Illinois Department of Transportation for the
34 acquisition of rights-of-way for the 135th Street Bridge
HB1268 Enrolled -1240- LRB9000999EGfg
1 Project between the Des Plaines River and New Avenue
2 lying within the South 1/2 of Section 35, Township 37
3 North, Range 10 East of the Third Principal Meridian and
4 the North 1/2 of Section 2, Township 36 North, Range 10
5 East of the 3rd Principal Meridian, in Will County,
6 Illinois;
7 (38) for a period beginning June 24, 1995 (the day
8 after the effective date of Public Act 89-29) and ending
9 18 months after July 14, 1995 (the effective date of
10 Public Act 89-134), by the Anna-Jonesboro Water
11 Commission for the acquisition of land and easements for
12 improvements to its water treatment and storage
13 facilities and water transmission pipes;
14 (39) for a period of 36 months after July 14, 1995,
15 by the City of Effingham for the acquisition of property
16 which is described as follows:
17 Tract 1:
18 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
19 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
20 thereof recorded in Book "K", Page 769, in the Recorder's
21 Office of Effingham County), situated in the City of
22 Effingham, County of Effingham and State of Illinois.
23 Tract 2:
24 The alley lying South and adjoining Tract 1, as
25 vacated by Ordinance recorded on July 28, 1937 in Book
26 183, Page 465, and all right, title and interest in and
27 to said alley as established by the Contract for Easement
28 recorded on August 4, 1937 in Book 183, Page 472;
29 (40) for a period of one year after July 14, 1995,
30 by the Village of Palatine for the acquisition of
31 property located along the south side of Dundee Road
32 between Rand Road and Hicks Road for redevelopment
33 purposes;
34 (41) for a period of 6 years after July 1, 1995,
HB1268 Enrolled -1241- LRB9000999EGfg
1 for the acquisition by the Medical Center District of
2 property described in Section 3 of the Illinois Medical
3 District Act within the District Development Area as
4 described in Section 4 of that Act for the purposes set
5 forth in that Act;
6 (41.5) for a period of 24 months after June 21,
7 1996 by the City of Effingham, Illinois for acquisition
8 of property for the South Raney Street Improvement
9 Project Phase I;
10 (42) for a period of 3 years after June 21, 1996,
11 by the Village of Deerfield for the acquisition of
12 territory within the Deerfield Village Center, as
13 designated as of that date by the Deerfield Comprehensive
14 Plan, with the exception of that area north of Jewett
15 Park Drive (extended) between Waukegan Road and the
16 Milwaukee Railroad Tracks, for redevelopment purposes;
17 (43) for a period of 12 months after June 21, 1996,
18 by the City of Harvard for the acquisition of property
19 lying west of Harvard Hills Road of sufficient size to
20 widen the Harvard Hills Road right of way and to install
21 and maintain city utility services not more than 200 feet
22 west of the center line of Harvard Hills Road;
23 (44) for a period of 5 years after June 21, 1996,
24 by the Village of River Forest, Illinois, within the area
25 designated as a tax increment financing district when the
26 purpose of the condemnation proceeding is to acquire land
27 for any of the purposes contained in the River Forest Tax
28 Increment Financing Plan or authorized by the Tax
29 Increment Allocation Redevelopment Act, provided that
30 condemnation of any property zoned and used exclusively
31 for residential purposes shall be prohibited;
32 (45) for a period of 18 months after June 28, 1996,
33 by the Village of Schaumburg for the acquisition of land,
34 easements, and aviation easements for the purpose of a
HB1268 Enrolled -1242- LRB9000999EGfg
1 public airport in Cook and DuPage Counties; provided that
2 if any proceedings under the provisions of this Article
3 are pending on that date, "quick-take" may be utilized by
4 the Village of Schaumburg;
5 (46) for a period of one year after June 28, 1996,
6 by the City of Pinckneyville for the acquisition of land
7 and easements to provide for improvements to its water
8 treatment and storage facilities and water transmission
9 pipes, and for the construction of a sewerage treatment
10 facility and sewerage transmission pipes to serve the
11 Illinois Department of Corrections Pinckneyville
12 Correctional Facility;
13 (47) for a period of 6 months after June 28, 1996,
14 by the City of Streator for the acquisition of property
15 described as follows for a first flush basin sanitary
16 sewer system:
17 Tract 5: That part of lots 20 and 21 in Block
18 6 in Moore and Plumb's addition to the city of
19 Streator, Illinois, lying south of the right of way
20 of the switch track of the Norfolk and Western
21 Railroad (now abandoned) in the county of LaSalle,
22 state of Illinois;
23 Tract 6: That part of lots 30, 31 and 32 in
24 Block 7 in Moore and Plumb's Addition to the city of
25 Streator, Illinois, lying north of the centerline of
26 Coal Run Creek and south of the right of way of the
27 switch track of the Norfolk and Western Railroad
28 (now abandoned) in the county of LaSalle, state of
29 Illinois;
30 (48) for a period of 36 months after January 16,
31 1997, by the Bi-State Development Agency of the
32 Missouri-Illinois Metropolitan District for the
33 acquisition of rights of way and related property
34 necessary for the construction and operation of the
HB1268 Enrolled -1243- LRB9000999EGfg
1 MetroLink Light Rail System, beginning in East St. Louis,
2 Illinois, and terminating at Mid America Airport, St.
3 Clair County, Illinois;
4 (49) for a period of 2 years after January 16,
5 1997, by the Village of Schaumburg for the acquisition of
6 rights-of-way, permanent easements, and temporary
7 easements for the purpose of improving the Roselle
8 Road/Illinois Route 58/Illinois Route 72 corridor,
9 including rights-of-way along Roselle Road, Remington
10 Road, Valley Lake Drive, State Parkway, Commerce Drive,
11 Kristin Circle, and Hillcrest Boulevard, a permanent
12 easement along Roselle Road, and temporary easements
13 along Roselle Road, State Parkway, Valley Lake Drive,
14 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
15 in Cook County;
16 (50) (blank);
17 (51) for a period of 12 months after July 25, 1997
18 the effective date of this amendatory Act of 1997, by the
19 Village of Bloomingdale for utility relocations
20 necessitated by the Lake Street Improvement Project on
21 Lake Street between Glen Ellyn Road and Springfield Drive
22 in the Village of Bloomingdale;
23 (52) for a period of 36 months after July 25, 1997
24 the effective date of this amendatory Act of 1997, by the
25 City of Freeport, owners of the Freeport Albertus
26 Municipal Airport, to allow for acquisition of any land,
27 rights, or other property lying between East Lamm Road
28 and East Borchers Road to complete realignment of South
29 Hollywood Road and to establish the necessary runway
30 safety zone in accordance with Federal Aviation
31 Administration and Illinois Department of Transportation
32 design criteria;
33 (53) for a period of 3 years after July 1, 1997, by
34 the Village of Elmwood Park to be used only for the
HB1268 Enrolled -1244- LRB9000999EGfg
1 acquisition of commercially zoned property within the
2 area designated as the Tax Increment Redevelopment
3 Project Area by ordinance passed and approved on December
4 15, 1986, as well as to be used only for the acquisition
5 of commercially zoned property located at the northwest
6 corner of North Avenue and Harlem Avenue and commercially
7 zoned property located at the southwest corner of Harlem
8 Avenue and Armitage Avenue for redevelopment purposes, as
9 set forth in Division 74.3 of Article 11 of the Illinois
10 Municipal Code;
11 (54) for a period of 3 years after July 25, 1997
12 the effective date of this amendatory Act of 1997, by the
13 Village of Oak Park for the acquisition of property
14 located along the south side of North Avenue between
15 Austin Boulevard and Harlem Avenue or along the north and
16 south side of Harrison Street between Austin Boulevard
17 and Elmwood Avenue, not including residentially zoned
18 properties within these areas, for commercial
19 redevelopment goals;.
20 (54.1) (53) for a period of 3 years after August
21 14, 1997 the effective date of this amendatory Act of
22 1997, by the Village of Oak Park for the acquisition of
23 property within the areas designated as the Greater
24 Downtown Area Tax Increment Financing District, the
25 Harlem/Garfield Tax Increment Financing District, and the
26 Madison Street Tax Increment Financing District, not
27 including residentially zoned properties within these
28 areas, for commercial redevelopment goals;
29 (54.2) (54) for a period of 3 years after August
30 14, 1997 the effective date of this amendatory Act of
31 1997, by the Village of Oak Park for the acquisition of
32 property within the areas designated as the North Avenue
33 Commercial Strip and the Harrison Street Business Area,
34 not including residentially zoned properties within these
HB1268 Enrolled -1245- LRB9000999EGfg
1 areas, for commercial redevelopment goals;
2 (55) (51) for a period of 3 years after August 14,
3 1997 the effective date of this amendatory Act of 1997 by
4 the Village of Morton Grove, within the area designated
5 as the Waukegan Road Tax Increment Financing District to
6 be used only for acquiring commercially zoned properties
7 located on Waukegan Road for tax increment redevelopment
8 projects contained in the redevelopment plan for the
9 area;
10 (56) (52) For a period of 2 years after August 14,
11 1997 the effective date of this amendatory Act of 1997,
12 by the Village of Rosemont for the acquisition of the
13 property described as Tract 1, and the acquisition of any
14 leasehold interest of the property described as Tract 2,
15 both described as follows:
16 Tract 1
17 PARCEL 1:
18 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
19 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
20 DESCRIBED AS FOLLOWS:
21 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
22 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
23 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
24 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
25 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
26 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
27 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
28 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
29 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
30 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
31 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
32 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
33 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
34 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
HB1268 Enrolled -1246- LRB9000999EGfg
1 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
2 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
3 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
4 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
5 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
6 PARCEL 2:
7 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
8 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
9 DESCRIBED AS FOLLOWS:
10 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
11 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
12 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
13 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
14 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
15 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
16 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
17 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
18 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
19 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
20 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
21 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
22 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
23 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
24 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
25 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
26 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
27 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
28 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
29 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
30 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
31 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
32 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
33 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
34 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
HB1268 Enrolled -1247- LRB9000999EGfg
1 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
2 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
3 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
4 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
5 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
6 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
7 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
8 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
9 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
10 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
11 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
12 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
13 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
14 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
15 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
16 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
17 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
18 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
19 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
20 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
21 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
22 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
23 Generally comprising approximately 3.8 acres along
24 the south side of Higgins Road, East of Mannheim Road.
25 Tract 2
26 PARCEL 1:
27 Any leasehold interest of any portion of the
28 property legally described as follows:
29 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
30 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
31 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
32 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
33 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
34 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
HB1268 Enrolled -1248- LRB9000999EGfg
1 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
2 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
3 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
4 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
5 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
6 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
7 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
8 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
9 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
10 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
11 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
12 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
13 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
14 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
15 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
16 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
17 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
18 FREDERICK JOSS'S JOSS92S DIVISION OF LANDS IN THE
19 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
20 EAST OF THE THIRD PRINCIPAL MERIDIAN.
21 PARCEL 2:
22 Plus any rights of ingress and egress which the said
23 holder of the leasehold interest may have pursuant to
24 the following described easement:
25 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
26 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
27 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
28 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
29 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
30 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
31 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
32 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP
33 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
34 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
HB1268 Enrolled -1249- LRB9000999EGfg
1 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
2 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
3 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
4 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
5 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
6 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
7 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
8 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
9 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
10 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
11 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
12 IN COOK COUNTY, ILLINOIS;
13 (57) (55) for a period of 24 months from August 14,
14 1997 the effective date of this amendatory Act of 1997,
15 by the City of Champaign for the acquisition of land and
16 easements in and adjacent to the City of Champaign for
17 the improvement of Windsor Road and Duncan Road and for
18 the construction of the Boneyard Creek Improvement
19 Project.
20 In a proceeding subject to this Section, the plaintiff,
21 at any time after the complaint has been filed and before
22 judgment is entered in the proceeding, may file a written
23 motion requesting that, immediately or at some specified
24 later date, the plaintiff either be vested with the fee
25 simple title (or such lesser estate, interest or easement, as
26 may be required) to the real property, or specified portion
27 thereof, which is the subject of the proceeding, and be
28 authorized to take possession of and use such property; or
29 only be authorized to take possession of and to use such
30 property, if such possession and use, without the vesting of
31 title, are sufficient to permit the plaintiff to proceed with
32 the project until the final ascertainment of compensation;
33 however, no land or interests therein now or hereafter owned,
34 leased, controlled or operated and used by, or necessary for
HB1268 Enrolled -1250- LRB9000999EGfg
1 the actual operation of, any common carrier engaged in
2 interstate commerce, or any other public utility subject to
3 the jurisdiction of the Illinois Commerce Commission, shall
4 be taken or appropriated hereunder by the State of Illinois,
5 the Illinois Toll Highway Authority, the sanitary district,
6 the St. Louis Metropolitan Area Airport Authority or the
7 Board of Trustees of the University of Illinois without first
8 securing the approval of such Commission.
9 Except as hereinafter stated, the motion for taking shall
10 state: (1) an accurate description of the property to which
11 the motion relates and the estate or interest sought to be
12 acquired therein; (2) the formally adopted schedule or plan
13 of operation for the execution of the plaintiff's project;
14 (3) the situation of the property to which the motion
15 relates, with respect to the schedule or plan; (4) the
16 necessity for taking such property in the manner requested in
17 the motion; and (5) if the property (except property
18 described in Section 3 of the Sports Stadium Act, or property
19 described as Site B in Section 2 of the Metropolitan Pier and
20 Exposition Authority Act) to be taken is owned, leased,
21 controlled or operated and used by, or necessary for the
22 actual operation of, any interstate common carrier or other
23 public utility subject to the jurisdiction of the Illinois
24 Commerce Commission, a statement to the effect that the
25 approval of such proposed taking has been secured from such
26 Commission, and attaching to such motion a certified copy of
27 the order of such Commission granting such approval. If the
28 schedule or plan of operation is not set forth fully in the
29 motion, a copy of such schedule or plan shall be attached to
30 the motion.
31 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
32 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
33 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
34 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
HB1268 Enrolled -1251- LRB9000999EGfg
1 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
2 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
3 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)
4 (735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
5 Sec. 12-112. What liable to enforcement. All the lands,
6 tenements, real estate, goods and chattels (except such as is
7 by law declared to be exempt) of every person against whom
8 any judgment has been or shall be hereafter entered in any
9 court, for any debt, damages, costs, or other sum of money,
10 shall be liable to be sold upon such judgment. Any real
11 property, or any beneficial interest in a land trust, held in
12 tenancy by the entirety shall not be liable to be sold upon
13 judgment entered on or after October 1, 1990 against only one
14 of the tenants, except if the property was transferred into
15 tenancy by the entirety with the sole intent to avoid the
16 payment of debts existing at the time of the transfer beyond
17 the transferor's ability to pay those debts as they become
18 due. However, any income from such property shall be subject
19 to garnishment as provided in Part 7 of this Article XII,
20 whether judgment has been entered against one or both of the
21 tenants.
22 If the court authorizes the piercing of the ownership
23 veil pursuant to Section 505 of the Illinois Marriage and
24 Dissolution of Marriage Act or Section 15 of the Illinois
25 Parentage Act of 1984, any assets determined to be those of
26 the non-custodial parent, although not held in name of the
27 non-custodial parent, shall be subject to attachment or other
28 provisional remedy in accordance with the procedure
29 prescribed by this Code. The court may not authorize
30 attachment of property or any other provisional remedy under
31 this paragraph unless it has obtained jurisdiction over the
32 entity holding title to the property by proper service on
33 that entity. With respect to assets which are real property,
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1 no order entered as described in this paragraph shall affect
2 the rights of bona fide purchasers, mortgagees, judgment
3 creditors, or other lien holders who acquire their interests
4 in the property prior to the time a notice of lis pendens
5 pursuant to this Code or a copy of the order is placed of
6 record in the office of the recorder of deeds for the county
7 in which the real property is located.
8 This amendatory Act of 1995 (P.A. 89-438) is declarative
9 of existing law.
10 This amendatory Act of 1997 (P.A. 90-514) is intended as
11 a clarification of existing law and not as a new enactment.
12 (Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95;
13 90-476, eff. 1-1-98; 90-514, eff. 8-22-97; revised 11-14-97.)
14 (735 ILCS 5/13-113) (from Ch. 110, par. 13-113)
15 Sec. 13-113. Extension Extention to heirs. If the person
16 first entitled to make entry or bring such action dies during
17 the continuance of any of the disabilities mentioned in
18 Section 13-112 of this Act, and no determination or judgment
19 has been had of or upon the title, right or action which
20 accrued to him or her, the entry may be made or the action
21 brought by his or her heirs or any person claiming from, by
22 or under him or her at any time within 2 years after his or
23 her death, notwithstanding the time before limited in that
24 behalf has expired.
25 The exceptions provided in this Section shall not apply
26 to the provisions of Sections 13-118 through 13-121 of this
27 Act.
28 (Source: P.A. 82-280; revised 7-11-97.)
29 (735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
30 Sec. 13-202.1. No limitations on certain actions -
31 Duties of Department of Corrections and State's Attorneys.
32 (a) Notwithstanding any other provision of law, any
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1 action for damages against a person, however the action may
2 be designated, may be brought at any time if --
3 (1) the action is based upon conduct of a person
4 which constituted the commission of first degree murder,
5 a Class X felony, or a Class 1 felony as these terms are
6 utilized at the time of filing of the action; and
7 (2) the person was convicted of the first degree
8 murder, Class X felony, or Class 1 felony.
9 (b) The provisions of this Section are fully applicable
10 to convictions based upon defendant's accountability under
11 Section 5-2 of the Criminal Code of 1961, approved July 28,
12 1961, as amended.
13 (c) Paragraphs (a) and (b) above shall apply to any
14 cause of action regardless of the date on which the
15 defendant's conduct is alleged to have occurred or of the
16 date of any conviction resulting therefrom. In addition,
17 this Section shall be applied retroactively and shall revive
18 causes of actions which otherwise may have been barred under
19 limitations provisions in effect prior to the enactment
20 and/or effect of P.A. 84-1450.
21 (d) Whenever there is any settlement, verdict or
22 judgment in excess of $500 in any court against the
23 Department of Corrections or any past or present employee or
24 official in favor of any person for damages incurred while
25 the person was committed to the Department of Corrections,
26 the Department within 14 days of the settlement, verdict or
27 judgment shall notify the State's Attorney of the county from
28 which the person was committed to the Department. The
29 State's Attorney shall in turn within 14 days send the same
30 notice to the person or persons who were the victim or
31 victims of the crime for which the offender was committed,
32 along with the information that the victim or victims may
33 contact the State's Attorney for advice concerning their
34 rights to sue for damages under the law. If so requested,
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1 the State's Attorney's office shall provide such advice, but
2 in no instance may the State's Attorney institute a civil
3 action for damages on behalf of the victim or victims.
4 No civil action may be brought by anyone against the
5 Department of Corrections, a State's Attorney, a County, or
6 any past or present employee or agent thereof for any alleged
7 violation by any such entity or person of the notification
8 requirements imposed by this paragraph (d) (c).
9 (Source: P.A. 89-8, eff. 3-21-95; revised 12-18-97.)
10 (735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
11 Sec. 14-103. Defendant to plead. Every defendant who is
12 served with summons shall answer or otherwise plead on or
13 before the return day of the summons, unless the time for
14 doing so is extended by the court. If the defendant
15 defaults, judgment by default may be entered by the court.
16 No matters not germane to the distinctive purpose of the
17 proceeding shall be introduced by joinder, counterclaim or
18 otherwise othewise.
19 (Source: P.A. 82-280; revised 7-11-97.)
20 Section 167. The Crime Victims Compensation Act is
21 amended by changing Section 2 as follows:
22 (740 ILCS 45/2) (from Ch. 70, par. 72)
23 Sec. 2. Definitions. As used in this Act, unless the
24 context otherwise requires:
25 (a) "Applicant" means any person who applies for
26 compensation under this Act or any person the Court of Claims
27 finds is entitled to compensation, including the guardian of
28 a minor or of a person under legal disability. It includes
29 any person who was a dependent of a deceased victim of a
30 crime of violence for his support at the time of the death of
31 that victim.
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1 (b) "Court of Claims" means the Court of Claims created
2 by the Court of Claims Act.
3 (c) "Crime of violence" means and includes any offense
4 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
5 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
6 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
8 driving under the influence of intoxicating liquor or
9 narcotic drugs as defined in Section 11-501 of the Illinois
10 Vehicle Code, and if none of the said offenses occurred
11 during a civil riot, insurrection or rebellion. "Crime of
12 violence" does not include any other offense or accident
13 involving a motor vehicle except those vehicle offenses
14 specifically provided for in this paragraph. "Crime of
15 violence" does include all of the offenses specifically
16 provided for in this paragraph that occur within this State
17 but are subject to federal jurisdiction and crimes involving
18 terrorism as defined in 18 U.S.C. 2331.
19 (d) "Victim" means (1) a person killed or injured in
20 this State as a result of a crime of violence perpetrated or
21 attempted against him, (2) the parent of a child killed or
22 injured in this State as a result of a crime of violence
23 perpetrated or attempted against the child, (3) a person
24 killed or injured in this State while attempting to assist a
25 person against whom a crime of violence is being perpetrated
26 or attempted, if that attempt of assistance would be expected
27 of a reasonable man under the circumstances, (4) a person
28 killed or injured in this State while assisting a law
29 enforcement official apprehend a person who has perpetrated a
30 crime of violence or prevent the perpetration of any such
31 crime if that assistance was in response to the express
32 request of the law enforcement official, (5) a child who
33 personally witnessed a violent crime perpetrated or attempted
34 against a relative, or (6) an Illinois resident who is a
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1 victim of a "crime of violence" as defined in this Act
2 except, if the crime occurred outside this State, the
3 resident has the same rights under this Act as if the crime
4 had occurred in this State upon a showing that the state,
5 territory, country, or political subdivision of a country in
6 which the crime occurred does not have a compensation of
7 victims of crimes law for which that Illinois resident is
8 eligible.
9 (e) "Dependent" means a relative of a deceased victim
10 who was wholly or partially dependent upon the victim's
11 income at the time of his death and shall include the child
12 of a victim born after his death.
13 (f) "Relative" means a spouse, parent, grandparent,
14 stepfather, stepmother, child, grandchild, brother,
15 brother-in-law, sister, sister-in-law, half brother, half
16 sister, spouse's parent, nephew, niece, uncle or aunt.
17 (g) "Child" means an unmarried son or daughter who is
18 under 18 years of age and includes a stepchild, an adopted
19 child or an illegitimate child.
20 (h) "Pecuniary loss" means, in the case of injury,
21 appropriate medical expenses and hospital expenses including
22 expenses of medical examinations, rehabilitation, medically
23 required nursing care expenses, appropriate psychiatric care
24 or psychiatric counseling expenses, expenses for care or
25 counseling by a licensed clinical psychologist or licensed
26 clinical social worker and expenses for treatment by
27 Christian Science practitioners and nursing care appropriate
28 thereto; prosthetic appliances, eyeglasses, and hearing aids
29 necessary or damaged as a result of the crime; the purchase,
30 lease, or rental of equipment necessary to create usability
31 of and accessibility to the victim's real and personal
32 property, or the real and personal property which is used by
33 the victim, necessary as a result of the crime; replacement
34 services loss, to a maximum of $1000 per month; dependents
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1 replacement services loss, to a maximum of $1000 per month;
2 loss of tuition paid to attend grammar school or high school
3 when the victim had been enrolled as a full-time student
4 prior to the injury, or college or graduate school when the
5 victim had been enrolled as a full-time day or night student
6 prior to the injury when the victim becomes unable to
7 continue attendance at school as a result of the crime of
8 violence perpetrated against him; loss of earnings, loss of
9 future earnings because of disability resulting from the
10 injury, and, in addition, in the case of death, funeral and
11 burial expenses to a maximum of $3000 and loss of support of
12 the dependents of the victim. Loss of future earnings shall
13 be reduced by any income from substitute work actually
14 performed by the victim or by income he would have earned in
15 available appropriate substitute work he was capable of
16 performing but unreasonably failed to undertake. Loss of
17 earnings, loss of future earnings and loss of support shall
18 be determined on the basis of the victim's average net
19 monthly earnings for the 6 months immediately preceding the
20 date of the injury or on $1000 per month, whichever is less.
21 If a divorced or legally separated applicant is claiming loss
22 of support for a minor child of the deceased, the amount of
23 support for each child shall be based either on the amount of
24 support the minor child received pursuant to the judgment for
25 the 6 months prior to the date of the deceased victim's
26 injury or death, or, if the subject of pending litigation
27 filed by or on behalf of the divorced or legally separated
28 applicant prior to the injury or death, on the result of that
29 litigation. Real and personal property includes, but is not
30 limited to, vehicles, houses, apartments, town houses, or
31 condominiums. Pecuniary loss does not include pain and
32 suffering or property loss or damage.
33 (i) "Replacement services loss" means expenses
34 reasonably incurred in obtaining ordinary and necessary
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1 services in lieu of those the permanently injured person
2 would have performed, not for income, but for the benefit of
3 himself or his family, if he had not been permanently
4 injured.
5 (j) "Dependents replacement services loss" means loss
6 reasonably incurred by dependents after a victim's death in
7 obtaining ordinary and necessary services in lieu of those
8 the victim would have performed, not for income, but for
9 their benefit, if he had not been fatally injured.
10 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
11 89-462, eff. 5-29-96; 90-136, eff. 1-1-98; 90-492, eff.
12 8-17-97; revised 11-14-97.)
13 Section 168. The Drug Dealer Liability Act is amended by
14 changing Section 60 as follows:
15 (740 ILCS 57/60)
16 Sec. 60. Standard of proof; effect of criminal drug
17 conviction.
18 (a) Proof of participation in the illegal drug market in
19 an action brought under this Act shall be shown by clear and
20 convincing evidence. Except as otherwise provided in this
21 Act, other elements of the cause of action shall be shown by
22 a preponderance of the evidence.
23 (b) A person against whom recovery is sought who has a
24 criminal conviction under state drug laws or the
25 Comprehensive Drug Abuse Prevention and Control Act of 1970
26 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C.
27 Section 801 et seq.) is estopped from denying participation
28 in the illegal drug market. Such a conviction is also prima
29 facie evidence of the person's participation in the illegal
30 drug market during the 2 years preceding the date of an act
31 giving rise to a conviction.
32 (c) The absence of criminal drug conviction of a person
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1 against whom recovery is sought does not bar bear an action
2 against that person.
3 (Source: P.A. 89-293, eff. 1-1-96; revised 12-18-97.)
4 Section 169. The Mental Health and Developmental
5 Disabilities Confidentiality Act is amended by changing
6 Sections 5 and 11 as follows:
7 (740 ILCS 110/5) (from Ch. 91 1/2, par. 805)
8 Sec. 5. Disclosure; consent.
9 (a) Except as provided in Sections 6 through 12.2 of
10 this Act, records and communications may be disclosed to
11 someone other than those persons listed in Section 4 of this
12 Act only with the written consent of those persons who are
13 entitled to inspect and copy a recipient's record pursuant to
14 Section 4 of this Act.
15 (b) Every consent form shall be in writing and shall
16 specify the following:
17 (1) the person or agency to whom disclosure is to
18 be made;
19 (2) the purpose for which disclosure is to be made;
20 (3) the nature of the information to be disclosed;
21 (4) the right to inspect and copy the information
22 to be disclosed;
23 (5) the consequences of a refusal to consent, if any;
24 and
25 (6) the calendar date on which the consent expires,
26 provided that if no calendar date is stated, information
27 may be released only on the day the consent form is
28 received by the therapist; and
29 (7) the right to revoke the consent at any time.
30 The consent form shall be signed by the person entitled
31 to give consent and the signature shall be witnessed by a
32 person who can attest to the identity of the person so
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1 entitled. A copy of the consent and a notation as to any
2 action taken thereon shall be entered in the recipient's
3 record. Any revocation of consent shall be in writing, signed
4 by the person who gave the consent and the signature shall be
5 witnessed by a person who can attest to the identity of the
6 person so entitled. No written revocation of consent shall
7 be effective to prevent disclosure of records and
8 communications until it is received by the person otherwise
9 authorized to disclose records and communications.
10 (c) Only information relevant to the purpose for which
11 disclosure is sought may be disclosed. Blanket consent to
12 the disclosure of unspecified information shall not be valid.
13 Advance consent may be valid only if the nature of the
14 information to be disclosed is specified in detail and the
15 duration of the consent is indicated. Consent may be revoked
16 in writing at any time; any such revocation shall have no
17 effect on disclosures made prior thereto.
18 (d) No person or agency to whom any information is
19 disclosed under this Section may redisclose such information
20 unless the person who consented to the disclosure
21 specifically consents to such redisclosure.
22 (e) Except as otherwise provided in this Act, records
23 and communications shall remain confidential after the death
24 of a recipient and shall not be disclosed unless the
25 recipient's representative, as defined in the Probate Act of
26 1975 and the therapist consent to such disclosure or unless
27 disclosure is authorized by court order after in camera
28 examination and upon good cause shown.
29 (f) Paragraphs (a) through (e) of this Section shall not
30 apply to and shall not be construed to limit insurance
31 companies writing Life, Accident or Health insurance as
32 defined in Section 4 of the Illinois Insurance Code, and
33 Non-Profit Health Care Service Plan Corporations, writing
34 Health Care Service contracts, under The Non-profit Health
HB1268 Enrolled -1261- LRB9000999EGfg
1 Care Service Plan Act, in obtaining general consents for the
2 release to them or their designated representatives of any
3 and all confidential communications and records kept by
4 agencies, hospitals, therapists or record custodians, and
5 utilizing such information in connection with the
6 underwriting of applications for coverage for such policies
7 or contracts, or in connection with evaluating claims or
8 liability under such policies or contracts, or coordinating
9 benefits pursuant to policy or contract provisions.
10 (Source: P.A. 85-666; 85-971; 86-1417; revised 1-21-98.)
11 (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
12 Sec. 11. Disclosure of records and communications.
13 Records and communications may be disclosed, (i) in
14 accordance with the provisions of the Abused and Neglected
15 Child Reporting Act; (ii) when, and to the extent, a
16 therapist, in his or her sole discretion, determines that
17 disclosure is necessary to initiate or continue civil
18 commitment proceedings under the laws of this State or to
19 otherwise protect the recipient or other person against a
20 clear, imminent risk of serious physical or mental injury or
21 disease or death being inflicted upon the recipient or by the
22 recipient on himself or another; (iii) when, and to the
23 extent disclosure is, in the sole discretion of the
24 therapist, necessary to the provision of emergency medical
25 care to a recipient who is unable to assert or waive his or
26 her rights hereunder; (iv) when disclosure is necessary to
27 collect sums or receive third party payment representing
28 charges for mental health or developmental disabilities
29 services provided by a therapist or agency to a recipient
30 under Chapter V of the Mental Health and Developmental
31 Disabilities Code or to transfer debts under the Uncollected
32 State Claims Act; however, disclosure shall be limited to
33 information needed to pursue collection, and the information
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1 so disclosed shall not be used for any other purposes nor
2 shall it be redisclosed except in connection with collection
3 activities; (v) when requested by a family member, the
4 Department of Human Services may assist in the location of
5 the interment site of a deceased recipient who is interred in
6 a cemetery established under Section 100-26 of the Mental
7 Health and Developmental Disabilities Administrative Act;
8 (vi) in judicial proceedings under Article VIII of Chapter
9 III and Article V of Chapter IV of the Mental Health and
10 Developmental Disabilities Code and proceedings and
11 investigations preliminary thereto, to the State's Attorney
12 for the county or residence of a person who is the subject of
13 such proceedings, or in which the person is found, or in
14 which the facility is located, to the attorney representing
15 the recipient in the judicial proceedings, to any person or
16 agency providing mental health services that are the subject
17 of the proceedings and to that person's or agency's attorney,
18 to any court personnel, including but not limited to judges
19 and circuit court clerks, and to a guardian ad litem if one
20 has been appointed by the court, provided that the
21 information so disclosed shall not be utilized for any other
22 purpose nor be redisclosed except in connection with the
23 proceedings or investigations; (vii) when, and to the extent
24 disclosure is necessary to comply with the requirements of
25 the Census Bureau in taking the federal Decennial Census;
26 (viii) when, and to the extent, in the therapist's sole
27 discretion, disclosure is necessary to warn or protect a
28 specific individual against whom a recipient has made a
29 specific threat of violence where there exists a
30 therapist-recipient relationship or a special
31 recipient-individual relationship; (ix) in accordance with
32 the Sex Offender Registration Act; and (x) in accordance with
33 the Rights of Crime Victims and Witnesses Act. Any person,
34 institution, or agency, under this Act, participating in good
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1 faith in the making of a report under the Abused and
2 Neglected Child Reporting Act or in the disclosure of records
3 and communications under this Section, shall have immunity
4 from any liability, civil, criminal or otherwise, that might
5 result by reason of such action. For the purpose of any
6 proceeding, civil or criminal, arising out of a report or
7 disclosure under this Section, the good faith of any person,
8 institution, or agency so reporting or disclosing shall be
9 presumed.
10 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97;
11 90-423, eff. 8-15-97; 90-538, eff. 12-1-97; revised 1-6-98.)
12 Section 170. The Illinois Marriage and Dissolution of
13 Marriage Act is amended by changing Sections 505 and 706.1 as
14 follows:
15 (750 ILCS 5/505) (from Ch. 40, par. 505)
16 Sec. 505. Child support; contempt; penalties.
17 (a) In a proceeding for dissolution of marriage, legal
18 separation, declaration of invalidity of marriage, a
19 proceeding for child support following dissolution of the
20 marriage by a court which lacked personal jurisdiction over
21 the absent spouse, a proceeding for modification of a
22 previous order for child support under Section 510 of this
23 Act, or any proceeding authorized under Section 501 or 601 of
24 this Act, the court may order either or both parents owing a
25 duty of support to a child of the marriage to pay an amount
26 reasonable and necessary for his support, without regard to
27 marital misconduct. The duty of support owed to a minor
28 child includes the obligation to provide for the reasonable
29 and necessary physical, mental and emotional health needs of
30 the child.
31 (1) The Court shall determine the minimum amount of
32 support by using the following guidelines:
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1 Number of Children Percent of Supporting Party's
2 Net Income
3 1 20%
4 2 25%
5 3 32%
6 4 40%
7 5 45%
8 6 or more 50%
9 (2) The above guidelines shall be applied in each
10 case unless the court makes a finding that application of
11 the guidelines would be inappropriate, after considering
12 the best interests of the child in light of evidence
13 including but not limited to one or more of the following
14 relevant factors:
15 (a) the financial resources and needs of the
16 child;
17 (b) the financial resources and needs of the
18 custodial parent;
19 (c) the standard of living the child would
20 have enjoyed had the marriage not been dissolved;
21 (d) the physical and emotional condition of
22 the child, and his educational needs; and
23 (e) the financial resources and needs of the
24 non-custodial parent.
25 If the court deviates from the guidelines, the
26 court's finding shall state the amount of support that
27 would have been required under the guidelines, if
28 determinable. The court shall include the reason or
29 reasons for the variance from the guidelines.
30 (3) "Net income" is defined as the total of all
31 income from all sources, minus the following deductions:
32 (a) Federal income tax (properly calculated
33 withholding or estimated payments);
34 (b) State income tax (properly calculated
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1 withholding or estimated payments);
2 (c) Social Security (FICA payments);
3 (d) Mandatory retirement contributions
4 required by law or as a condition of employment;
5 (e) Union dues;
6 (f) Dependent and individual
7 health/hospitalization insurance premiums;
8 (g) Prior obligations of support or
9 maintenance actually paid pursuant to a court order;
10 (h) Expenditures for repayment of debts that
11 represent reasonable and necessary expenses for the
12 production of income, medical expenditures necessary
13 to preserve life or health, reasonable expenditures
14 for the benefit of the child and the other parent,
15 exclusive of gifts. The court shall reduce net
16 income in determining the minimum amount of support
17 to be ordered only for the period that such payments
18 are due and shall enter an order containing
19 provisions for its self-executing modification upon
20 termination of such payment period.
21 (4) In cases where the court order provides for
22 health/hospitalization insurance coverage pursuant to
23 Section 505.2 of this Act, the premiums for that
24 insurance, or that portion of the premiums for which the
25 supporting party is responsible in the case of insurance
26 provided through an employer's health insurance plan
27 where the employer pays a portion of the premiums, shall
28 be subtracted from net income in determining the minimum
29 amount of support to be ordered.
30 (4.5) In a proceeding for child support following
31 dissolution of the marriage by a court that lacked
32 personal jurisdiction over the absent spouse, and in
33 which the court is requiring payment of support for the
34 period before the date an order for current support is
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1 entered, there is a rebuttable presumption that the
2 supporting party's net income for the prior period was
3 the same as his or her net income at the time the order
4 for current support is entered.
5 (5) If the net income cannot be determined because
6 of default or any other reason, the court shall order
7 support in an amount considered reasonable in the
8 particular case. The final order in all cases shall
9 state the support level in dollar amounts.
10 (b) Failure of either parent to comply with an order to
11 pay support shall be punishable as in other cases of
12 contempt. In addition to other penalties provided by law the
13 Court may, after finding the parent guilty of contempt, order
14 that the parent be:
15 (1) placed on probation with such conditions of
16 probation as the Court deems advisable;
17 (2) sentenced to periodic imprisonment for a period
18 not to exceed 6 months; provided, however, that the Court
19 may permit the parent to be released for periods of time
20 during the day or night to:
21 (A) work; or
22 (B) conduct a business or other self-employed
23 occupation.
24 The Court may further order any part or all of the
25 earnings of a parent during a sentence of periodic
26 imprisonment paid to the Clerk of the Circuit Court or to the
27 parent having custody or to the guardian having custody of
28 the minor children of the sentenced parent for the support of
29 said minor children until further order of the Court.
30 If there is a unity of interest and ownership sufficient
31 to render no financial separation between a non-custodial
32 parent and another person or persons or business entity, the
33 court may pierce the ownership veil of the person, persons,
34 or business entity to discover assets of the non-custodial
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1 parent held in the name of that person, those persons, or
2 that business entity. The following circumstances are
3 sufficient to authorize a court to order discovery of the
4 assets of a person, persons, or business entity and to compel
5 the application of any discovered assets toward payment on
6 the judgment for support:
7 (1) the non-custodial parent and the person,
8 persons, or business entity maintain records together.
9 (2) the non-custodial parent and the person,
10 persons, or business entity fail to maintain an arms
11 length relationship between themselves with regard to any
12 assets.
13 (3) the non-custodial parent transfers assets to
14 the person, persons, or business entity with the intent
15 to perpetrate a fraud on the custodial parent.
16 With respect to assets which are real property, no order
17 entered under this paragraph shall affect the rights of bona
18 fide purchasers, mortgagees, judgment creditors, or other
19 lien holders who acquire their interests in the property
20 prior to the time a notice of lis pendens pursuant to the
21 Code of Civil Procedure or a copy of the order is placed of
22 record in the office of the recorder of deeds for the county
23 in which the real property is located.
24 The court may also order in cases where the parent is 90
25 days or more delinquent in payment of support or has been
26 adjudicated in arrears in an amount equal to 90 days
27 obligation or more, that the parent's Illinois driving
28 privileges be suspended until the court determines that the
29 parent is in compliance with the order of support. The court
30 may also order that the parent be issued a family financial
31 responsibility driving permit that would allow limited
32 driving privileges for employment and medical purposes in
33 accordance with Section 7-702.1 of the Illinois Vehicle Code.
34 The clerk of the circuit court shall certify the order
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1 suspending the driving privileges of the parent or granting
2 the issuance of a family financial responsibility driving
3 permit to the Secretary of State on forms prescribed by the
4 Secretary. Upon receipt of the authenticated documents, the
5 Secretary of State shall suspend the parent's driving
6 privileges until further order of the court and shall, if
7 ordered by the court, subject to the provisions of Section
8 7-702.1 of the Illinois Vehicle Code, issue a family
9 financial responsibility driving permit to the parent.
10 (c) A one-time charge of 20% is imposable upon the
11 amount of past-due child support owed on July 1, 1988 which
12 has accrued under a support order entered by the court. The
13 charge shall be imposed in accordance with the provisions of
14 Section 10-21 of the Illinois Public Aid Code and shall be
15 enforced by the court upon petition.
16 (d) Any new or existing support order entered by the
17 court under this Section shall be deemed to be a series of
18 judgments against the person obligated to pay support
19 thereunder, each such judgment to be in the amount of each
20 payment or installment of support and each such judgment to
21 be deemed entered as of the date the corresponding payment or
22 installment becomes due under the terms of the support order.
23 Each such judgment shall have the full force, effect and
24 attributes of any other judgment of this State, including the
25 ability to be enforced. A lien arises by operation of law
26 against the real and personal property of the noncustodial
27 parent for each installment of overdue support owed by the
28 noncustodial parent.
29 (e) When child support is to be paid through the clerk
30 of the court in a county of 1,000,000 inhabitants or less,
31 the order shall direct the obligor to pay to the clerk, in
32 addition to the child support payments, all fees imposed by
33 the county board under paragraph (3) of subsection (u) of
34 Section 27.1 of the Clerks of Courts Act. Unless paid in
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1 cash or pursuant to an order for withholding, the payment of
2 the fee shall be by a separate instrument from the support
3 payment and shall be made to the order of the Clerk.
4 (f) All orders for support, when entered or modified,
5 shall include a provision requiring the obligor to notify the
6 court and, in cases in which a party is receiving child and
7 spouse services under Article X of the Illinois Public Aid
8 Code, the Illinois Department of Public Aid, within 7 days,
9 (i) of the name and address of any new employer of the
10 obligor, (ii) whether the obligor has access to health
11 insurance coverage through the employer or other group
12 coverage and, if so, the policy name and number and the names
13 of persons covered under the policy, and (iii) of any new
14 residential or mailing address or telephone number of the
15 non-custodial parent. In any subsequent action to enforce a
16 support order, upon a sufficient showing that a diligent
17 effort has been made to ascertain the location of the
18 non-custodial parent, service of process or provision of
19 notice necessary in the case may be made at the last known
20 address of the non-custodial parent in any manner expressly
21 provided by the Code of Civil Procedure or this Act, which
22 service shall be sufficient for purposes of due process.
23 (g) An order for support shall include a date on which
24 the current support obligation terminates. The termination
25 date shall be no earlier than the date on which the child
26 covered by the order will attain the age of majority or is
27 otherwise emancipated. The order for support shall state that
28 the termination date does not apply to any arrearage that may
29 remain unpaid on that date. Nothing in this subsection shall
30 be construed to prevent the court from modifying the order.
31 (h) An order entered under this Section shall include a
32 provision requiring the obligor to report to the obligee and
33 to the clerk of court within 10 days each time the obligor
34 obtains new employment, and each time the obligor's
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1 employment is terminated for any reason. The report shall be
2 in writing and shall, in the case of new employment, include
3 the name and address of the new employer. Failure to report
4 new employment or the termination of current employment, if
5 coupled with nonpayment of support for a period in excess of
6 60 days, is indirect criminal contempt. For any obligor
7 arrested for failure to report new employment bond shall be
8 set in the amount of the child support that should have been
9 paid during the period of unreported employment. An order
10 entered under this Section shall also include a provision
11 requiring the obligor and obligee parents to advise each
12 other of a change in residence within 5 days of the change
13 except when the court finds that the physical, mental, or
14 emotional health of a party or that of a minor child, or
15 both, would be seriously endangered by disclosure of the
16 party's address.
17 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
18 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
19 90-539, eff. 6-1-98; revised 12-15-97.)
20 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
21 Sec. 706.1. Withholding of Income to Secure Payment of
22 Support.
23 (A) Definitions.
24 (1) "Order for support" means any order of the court
25 which provides for periodic payment of funds for the support
26 of a child or maintenance of a spouse, whether temporary or
27 final, and includes any such order which provides for:
28 (a) Modification or resumption of, or payment of
29 arrearage accrued under, a previously existing order;
30 (b) Reimbursement of support; or
31 (c) Enrollment in a health insurance plan that is
32 available to the obligor through an employer or labor
33 union or trade union.
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1 (2) "Arrearage" means the total amount of unpaid support
2 obligations as determined by the court and incorporated into
3 an order for support.
4 (3) "Delinquency" means any payment under an order for
5 support which becomes due and remains unpaid after entry of
6 the order for support.
7 (4) "Income" means any form of periodic payment to an
8 individual, regardless of source, including, but not limited
9 to: wages, salary, commission, compensation as an independent
10 contractor, workers' compensation, disability, annuity,
11 pension, and retirement benefits, lottery prize awards,
12 insurance proceeds, vacation pay, bonuses, profit-sharing
13 payments, interest, and any other payments, made by any
14 person, private entity, federal or state government, any unit
15 of local government, school district or any entity created by
16 Public Act; however, "income" excludes:
17 (a) Any amounts required by law to be withheld,
18 other than creditor claims, including, but not limited
19 to, federal, State and local taxes, Social Security and
20 other retirement and disability contributions;
21 (b) Union dues;
22 (c) Any amounts exempted by the federal Consumer
23 Credit Protection Act;
24 (d) Public assistance payments; and
25 (e) Unemployment insurance benefits except as
26 provided by law.
27 Any other State or local laws which limit or exempt
28 income or the amount or percentage of income that can be
29 withheld shall not apply.
30 (5) "Obligor" means the individual who owes a duty to
31 make payments under an order for support.
32 (6) "Obligee" means the individual to whom a duty of
33 support is owed or the individual's legal representative.
34 (7) "Payor" means any payor of income to an obligor.
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1 (8) "Public office" means any elected official or any
2 State or local agency which is or may become responsible by
3 law for enforcement of, or which is or may become authorized
4 to enforce, an order for support, including, but not limited
5 to: the Attorney General, the Illinois Department of Public
6 Aid, the Illinois Department of Human Services, the Illinois
7 Department of Children and Family Services, and the various
8 State's Attorneys, Clerks of the Circuit Court and
9 supervisors of general assistance.
10 (9) "Premium" means the dollar amount for which the
11 obligor is liable to his employer or labor union or trade
12 union and which must be paid to enroll or maintain a child in
13 a health insurance plan that is available to the obligor
14 through an employer or labor union or trade union.
15 (B) Entry of Order for Support Containing Income Withholding
16 Provisions; Income Withholding Notice.
17 (1) In addition to any content required under other
18 laws, every order for support entered on or after July 1,
19 1997, shall:
20 (a) Require an income withholding notice to be
21 prepared and served immediately upon any payor of the
22 obligor by the obligee or public office, unless a written
23 agreement is reached between and signed by both parties
24 providing for an alternative arrangement, approved and
25 entered into the record by the court, which ensures
26 payment of support. In that case, the order for support
27 shall provide that an income withholding notice is to be
28 prepared and served only if the obligor becomes
29 delinquent in paying the order for support; and
30 (b) Contain a dollar amount to be paid until
31 payment in full of any delinquency that accrues after
32 entry of the order for support. The amount for payment
33 of delinquency shall not be less than 20% of the total of
34 the current support amount and the amount to be paid
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1 periodically for payment of any arrearage stated in the
2 order for support; and
3 (c) Include the obligor's Social Security Number,
4 which the obligor shall disclose to the court. If the
5 obligor is not a United States citizen, the obligor shall
6 disclose to the court, and the court shall include in the
7 order for support, the obligor's alien registration
8 number, passport number, and home country's social
9 security or national health number, if applicable.
10 (2) At the time the order for support is entered, the
11 Clerk of the Circuit Court shall provide a copy of the order
12 to the obligor and shall make copies available to the obligee
13 and public office.
14 (3) The income withholding notice shall:
15 (a) Be in the standard format prescribed by the
16 federal Department of Health and Human Services; and
17 (b) Direct any payor to withhold the dollar amount
18 required for current support under the order for support;
19 and
20 (c) Direct any payor to withhold the dollar amount
21 required to be paid periodically under the order for
22 support for payment of the amount of any arrearage stated
23 in the order for support; and
24 (d) Direct any payor or labor union or trade union
25 to enroll a child as a beneficiary of a health insurance
26 plan and withhold or cause to be withheld, if applicable,
27 any required premiums; and
28 (e) State the amount of the payor income
29 withholding fee specified under this Section; and
30 (f) State that the amount actually withheld from
31 the obligor's income for support and other purposes,
32 including the payor withholding fee specified under this
33 Section, may not be in excess of the maximum amount
34 permitted under the federal Consumer Credit Protection
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1 Act; and
2 (g) State the duties of the payor and the fines and
3 penalties for failure to withhold and pay over income and
4 for discharging, disciplining, refusing to hire, or
5 otherwise penalizing the obligor because of the duty to
6 withhold and pay over income under this Section; and
7 (h) State the rights, remedies, and duties of the
8 obligor under this Section; and
9 (i) Include the obligor's Social Security Number;
10 and
11 (j) Include the date that withholding for current
12 support terminates, which shall be the date of
13 termination of the current support obligation set forth
14 in the order for support.
15 (4) The accrual of a delinquency as a condition for
16 service of an income withholding notice, under the exception
17 to immediate withholding in paragraph (1) of this subsection,
18 shall apply only to the initial service of an income
19 withholding notice on a payor of the obligor.
20 (5) Notwithstanding the exception to immediate
21 withholding contained in paragraph (1) of this subsection, if
22 the court finds at the time of any hearing that an arrearage
23 has accrued, the court shall order immediate service of an
24 income withholding notice upon the payor.
25 (6) If the order for support, under the exception to
26 immediate withholding contained in paragraph (1) of this
27 subsection, provides that an income withholding notice is to
28 be prepared and served only if the obligor becomes delinquent
29 in paying the order for support, the obligor may execute a
30 written waiver of that condition and request immediate
31 service on the payor.
32 (7) The obligee or public office may serve the income
33 withholding notice on the payor or its superintendent,
34 manager, or other agent by ordinary mail or certified mail
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1 return receipt requested, by facsimile transmission or other
2 electronic means, by personal delivery, or by any method
3 provided by law for service of a summons. At the time of
4 service on the payor and as notice that withholding has
5 commenced, the obligee or public office shall serve a copy of
6 the income withholding notice on the obligor by ordinary mail
7 addressed to his or her last known address. Proofs of
8 service on the payor and the obligor shall be filed with the
9 Clerk of the Circuit Court.
10 (8) At any time after the initial service of an income
11 withholding notice under this Section, any other payor of the
12 obligor may be served with the same income withholding notice
13 without further notice to the obligor.
14 (9) (4) New service of an income order for withholding
15 notice is not required in order to resume withholding of
16 income in the case of an obligor with respect to whom an
17 income order for withholding notice was previously served on
18 the payor if withholding of income was terminated because of
19 an interruption in the obligor's employment of less than 180
20 days.
21 (C) Income Withholding After Accrual of Delinquency.
22 (1) Whenever an obligor accrues a delinquency, the
23 obligee or public office may prepare and serve upon the
24 obligor's payor an income withholding notice that:
25 (a) Contains the information required under
26 paragraph (3) of subsection (B); and
27 (b) Contains a computation of the period and total
28 amount of the delinquency as of the date of the notice;
29 and
30 (c) Directs the payor to withhold the dollar amount
31 required to be withheld periodically under the order for
32 support for payment of the delinquency.
33 (2) The income withholding notice and the obligor's copy
34 of the income withholding notice shall be served as provided
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1 in paragraph (7) of subsection (B).
2 (3) The obligor may contest withholding commenced under
3 this subsection by filing a petition to contest withholding
4 with the Clerk of the Circuit Court within 20 days after
5 service of a copy of the income withholding notice on the
6 obligor. However, the grounds for the petition to contest
7 withholding shall be limited to:
8 (a) A dispute concerning the existence or amount of
9 the delinquency; or
10 (b) The identity of the obligor.
11 The Clerk of the Circuit Court shall notify the obligor
12 and the obligee or public office of the time and place of the
13 hearing on the petition to contest withholding. The court
14 shall hold the hearing pursuant to the provisions of
15 subsection (F).
16 (D) Initiated Withholding.
17 (1) Notwithstanding any other provision of this Section,
18 if the court has not required that income withholding take
19 effect immediately, the obligee or public office may initiate
20 withholding, regardless of whether a delinquency has accrued,
21 by preparing and serving an income withholding notice on the
22 payor that contains the information required under paragraph
23 (3) of subsection (B) and states that the parties' written
24 agreement providing an alternative arrangement to immediate
25 withholding under paragraph (1) of subsection (B) no longer
26 ensures payment of support due and the reason or reasons why
27 it does not.
28 (2) The income withholding notice and the obligor's copy
29 of the income withholding notice shall be served as provided
30 in paragraph (7) of subsection (B).
31 (3) The obligor may contest withholding commenced under
32 this subsection by filing a petition to contest withholding
33 with the Clerk of the Circuit Court within 20 days after
34 service of a copy of the income withholding notice on the
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1 obligor. However, the grounds for the petition shall be
2 limited to a dispute concerning:
3 (a) whether the parties' written agreement providing
4 an alternative arrangement to immediate withholding under
5 paragraph (1) of subsection (B) continues to ensure
6 payment of support; or
7 (b) the identity of the obligor.
8 It shall not be grounds for filing a petition that the
9 obligor has made all payments due by the date of the
10 petition.
11 (4) If the obligor files a petition contesting
12 withholding within the 20-day period required under paragraph
13 (3), the Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office, as appropriate, of the time
15 and place of the hearing on the petition. The court shall
16 hold the hearing pursuant to the provisions of subsection
17 (F). regular or facsimile regular or facsimile
18 (E) Duties of Payor.
19 (1) It shall be the duty of any payor who has been
20 served with an income withholding notice to deduct and pay
21 over income as provided in this subsection. The payor shall
22 deduct the amount designated in the income withholding
23 notice, as supplemented by any notice provided pursuant to
24 paragraph (6) of subsection (G), beginning no later than the
25 next payment of income which is payable or creditable to the
26 obligor that occurs 14 days following the date the income
27 withholding notice was mailed, sent by facsimile or other
28 electronic means, or placed for personal delivery to or
29 service on the payor. The payor may combine all amounts
30 withheld for the benefit of an obligee or public office into
31 a single payment and transmit the payment with a listing of
32 obligors from whom withholding has been effected. The payor
33 shall pay the amount withheld to the obligee or public office
34 within 7 business days after the date the amount would (but
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1 for the duty to withhold income) have been paid or credited
2 to the obligor. If the payor knowingly fails to pay any
3 amount withheld to the obligee or public office within 7
4 business days after the date the amount would have been paid
5 or credited to the obligor, the payor shall pay a penalty of
6 $100 for each day that the withheld amount is not paid to the
7 obligee or public office after the period of 7 business days
8 has expired. The failure of a payor, on more than one
9 occasion, to pay amounts withheld to the obligee or public
10 office within 7 business days after the date the amount would
11 have been paid or credited to the obligor creates a
12 presumption that the payor knowingly failed to pay over the
13 amounts. This penalty may be collected in a civil action
14 which may be brought against the payor in favor of the
15 obligee or public office. A finding of a payor's
16 nonperformance within the time required under this Section
17 must be documented by a certified mail return receipt showing
18 the date the income order for withholding notice was served
19 on the payor. For purposes of this Section, a withheld amount
20 shall be considered paid by a payor on the date it is mailed
21 by the payor, or on the date an electronic funds transfer of
22 the amount has been initiated by the payor, or on the date
23 delivery of the amount has been initiated by the payor. For
24 each deduction, the payor shall provide the obligee or public
25 office, at the time of transmittal, with the date the amount
26 would (but for the duty to withhold income) have been paid or
27 credited to the obligor.
28 Upon receipt of an income withholding notice requiring
29 that a minor child be named as a beneficiary of a health
30 insurance plan available through an employer or labor union
31 or trade union, the employer or labor union or trade union
32 shall immediately enroll the minor child as a beneficiary in
33 the health insurance plan designated by the income
34 withholding notice. The employer shall withhold any required
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1 premiums and pay over any amounts so withheld and any
2 additional amounts the employer pays to the insurance carrier
3 in a timely manner. The employer or labor union or trade
4 union shall mail to the obligee, within 15 days of enrollment
5 or upon request, notice of the date of coverage, information
6 on the dependent coverage plan, and all forms necessary to
7 obtain reimbursement for covered health expenses, such as
8 would be made available to a new employee. When an order for
9 dependent coverage is in effect and the insurance coverage is
10 terminated or changed for any reason, the employer or labor
11 union or trade union shall notify the obligee within 10 days
12 of the termination or change date along with notice of
13 conversion privileges.
14 For withholding of income, the payor shall be entitled to
15 receive a fee not to exceed $5 per month to be taken from the
16 income to be paid to the obligor.
17 (2) Whenever the obligor is no longer receiving income
18 from the payor, the payor shall return a copy of the income
19 withholding notice to the obligee or public office and shall
20 provide information for the purpose of enforcing this
21 Section.
22 (3) Withholding of income under this Section shall be
23 made without regard to any prior or subsequent garnishments,
24 attachments, wage assignments, or any other claims of
25 creditors. Withholding of income under this Section shall
26 not be in excess of the maximum amounts permitted under the
27 federal Consumer Credit Protection Act. If the payor has been
28 served with more than one income withholding notice
29 pertaining to the same obligor, the payor shall allocate
30 income available for withholding on a proportionate share
31 basis, giving priority to current support payments. If there
32 is any income available for withholding after withholding for
33 all current support obligations, the payor shall allocate the
34 income to past due support payments ordered in cases in which
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1 cash assistance under the Illinois Public Aid Code is not
2 being provided to the obligee and then to past due support
3 payments ordered in cases in which cash assistance under the
4 Illinois Public Aid Code is being provided to the obligee,
5 both on a proportionate share basis. A payor who complies
6 with an income withholding notice that is regular on its face
7 shall not be subject to civil liability with respect to any
8 individual, any agency, or any creditor of the obligor for
9 conduct in compliance with the notice.
10 (4) No payor shall discharge, discipline, refuse to hire
11 or otherwise penalize any obligor because of the duty to
12 withhold income.
13 (F) Petitions to Contest Withholding or to Modify, Suspend,
14 Terminate, or Correct Income Withholding Notices.
15 (1) When an obligor files a petition to contest
16 withholding, the court, after due notice to all parties,
17 shall hear the matter as soon as practicable and shall enter
18 an order granting or denying relief, ordering service of an
19 amended income withholding notice, where applicable, or
20 otherwise resolving the matter.
21 The court shall deny the obligor's petition if the court
22 finds that when the income withholding notice was mailed,
23 sent by facsimile transmission or other electronic means, or
24 placed for personal delivery to or service on the payor:
25 (a) A delinquency existed; or
26 (b) The parties' written agreement providing an
27 alternative arrangement to immediate withholding under
28 paragraph (1) of subsection (B) no longer ensured payment
29 of support.
30 (2) At any time, an obligor, obligee, public office or
31 Clerk of the Circuit Court may petition the court to:
32 (a) Modify, suspend or terminate the income
33 withholding notice because of a modification, suspension
34 or termination of the underlying order for support; or
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1 (b) Modify the amount of income to be withheld to
2 reflect payment in full or in part of the delinquency or
3 arrearage by income withholding or otherwise; or
4 (c) Suspend the income withholding notice because
5 of inability to deliver income withheld to the obligee
6 due to the obligee's failure to provide a mailing address
7 or other means of delivery.
8 (3) At any time an obligor may petition the court to
9 correct a term contained in an income withholding notice to
10 conform to that stated in the underlying order for support
11 for:
12 (a) The amount of current support;
13 (b) The amount of the arrearage;
14 (c) The periodic amount for payment of the
15 arrearage; or
16 (d) The periodic amount for payment of the
17 delinquency.
18 (4) The obligor, obligee or public office shall serve on
19 the payor, in the manner provided for service of income
20 withholding notices in paragraph (7) of subsection (B), a
21 copy of any order entered pursuant to this subsection that
22 affects the duties of the payor.
23 (5) At any time, a public office or Clerk of the Circuit
24 Court may serve a notice on the payor to:
25 (a) Cease withholding of income for payment of
26 current support for a child when the support obligation
27 for that child has automatically ceased under the order
28 for support through emancipation or otherwise; or
29 (b) Cease withholding of income for payment of
30 delinquency or arrearage when the delinquency or
31 arrearage has been paid in full.
32 (6) The notice provided for under paragraph (5) of this
33 subsection shall be served on the payor in the manner
34 provided for service of income withholding notices in
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1 paragraph (7) of subsection (B), and a copy shall be provided
2 to the obligor and the obligee.
3 (7) The income withholding notice shall continue to be
4 binding upon the payor until service of an amended income
5 withholding notice or any order of the court or notice
6 entered or provided for under this subsection.
7 (G) Additional Duties.
8 (1) An obligee who is receiving income withholding
9 payments under this Section shall notify the payor, if the
10 obligee receives the payments directly from the payor, or the
11 public office or the Clerk of the Circuit Court, as
12 appropriate, of any change of address within 7 days of such
13 change.
14 (2) An obligee who is a recipient of public aid shall
15 send a copy of any notice served by the obligee to the
16 Division of Child Support Enforcement of the Illinois
17 Department of Public Aid.
18 (3) Each obligor shall notify the obligee, the public
19 office, and the Clerk of the Circuit Court of any change of
20 address within 7 days.
21 (4) An obligor whose income is being withheld or who has
22 been served with a notice of delinquency pursuant to this
23 Section shall notify the obligee, the public office, and the
24 Clerk of the Circuit Court of any new payor, within 7 days.
25 (5) When the Illinois Department of Public Aid is no
26 longer authorized to receive payments for the obligee, it
27 shall, within 7 days, notify the payor or, where appropriate,
28 the Clerk of the Circuit Court, to redirect income
29 withholding payments to the obligee.
30 (6) The obligee or public office shall provide notice to
31 the payor and Clerk of the Circuit Court of any other support
32 payment made, including but not limited to, a set-off under
33 federal and State law or partial payment of the delinquency
34 or arrearage, or both.
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1 (7) Any public office and Clerk of the Circuit Court
2 which collects, disburses or receives payments pursuant to
3 income withholding notices shall maintain complete, accurate,
4 and clear records of all payments and their disbursements.
5 Certified copies of payment records maintained by a public
6 office or Clerk of the Circuit Court shall, without further
7 proof, be admitted into evidence in any legal proceedings
8 under this Section.
9 (8) The Illinois Department of Public Aid shall design
10 suggested legal forms for proceeding under this Section and
11 shall make available to the courts such forms and
12 informational materials which describe the procedures and
13 remedies set forth herein for distribution to all parties in
14 support actions.
15 (9) At the time of transmitting each support payment,
16 the clerk of the circuit court shall provide the obligee or
17 public office, as appropriate, with any information furnished
18 by the payor as to the date the amount would (but for the
19 duty to withhold income) have been paid or credited to the
20 obligor.
21 (H) Penalties.
22 (1) Where a payor wilfully fails to withhold or pay over
23 income pursuant to a properly served income withholding
24 notice, or wilfully discharges, disciplines, refuses to hire
25 or otherwise penalizes an obligor as prohibited by subsection
26 (E), or otherwise fails to comply with any duties imposed by
27 this Section, the obligee, public office or obligor, as
28 appropriate, may file a complaint with the court against the
29 payor. The clerk of the circuit court shall notify the
30 obligee or public office, as appropriate, and the obligor and
31 payor of the time and place of the hearing on the complaint.
32 The court shall resolve any factual dispute including, but
33 not limited to, a denial that the payor is paying or has paid
34 income to the obligor. Upon a finding in favor of the
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1 complaining party, the court:
2 (a) Shall enter judgment and direct the enforcement
3 thereof for the total amount that the payor wilfully
4 failed to withhold or pay over; and
5 (b) May order employment or reinstatement of or
6 restitution to the obligor, or both, where the obligor
7 has been discharged, disciplined, denied employment or
8 otherwise penalized by the payor and may impose a fine
9 upon the payor not to exceed $200.
10 (2) Any obligee, public office or obligor who wilfully
11 initiates a false proceeding under this Section or who
12 wilfully fails to comply with the requirements of this
13 Section shall be punished as in cases of contempt of court.
14 (I) Alternative Procedures for Service of an Income
15 Withholding Notice.
16 (1) The procedures of this subsection may be used in any
17 matter to serve an income withholding notice on a payor if:
18 (a) For any reason the most recent order for
19 support entered does not contain the income withholding
20 provisions required under subsection (B), irrespective of
21 whether a separate order for withholding was entered
22 prior to July 1, 1997; and
23 (b) The obligor has accrued a delinquency after
24 entry of the most recent order for support.
25 (2) The obligee or public office shall prepare and serve
26 the income withholding notice in accordance with the
27 provisions of subsection (C), except that the notice shall
28 contain a periodic amount for payment of the delinquency
29 equal to 20% of the total of the current support amount and
30 the amount to be paid periodically for payment of any
31 arrearage stated in the most recent order for support.
32 (3) If the obligor requests in writing that income
33 withholding become effective prior to the obligor accruing a
34 delinquency under the most recent order for support, the
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1 obligee or public office may prepare and serve an income
2 withholding notice on the payor as provided in subsection
3 (B). In addition to filing proofs of service of the income
4 withholding notice on the payor and the obligor, the obligee
5 or public office shall file a copy of the obligor's written
6 request for income withholding with the Clerk of the Circuit
7 Court.
8 (4) All other provisions of this Section shall be
9 applicable with respect to the provisions of this subsection
10 (I).
11 (J) Remedies in Addition to Other Laws.
12 (1) The rights, remedies, duties and penalties created
13 by this Section are in addition to and not in substitution
14 for any other rights, remedies, duties and penalties created
15 by any other law.
16 (2) Nothing in this Section shall be construed as
17 invalidating any assignment of wages or benefits executed
18 prior to January 1, 1984 or any order for withholding served
19 prior to July 1, 1997.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
21 90-425, eff. 8-15-97; revised 9-29-97.)
22 Section 171. The Non-Support of Spouse and Children Act
23 is amended by changing Sections 3 and 4.1 as follows:
24 (750 ILCS 15/3) (from Ch. 40, par. 1106)
25 Sec. 3. At any time before the trial, upon motion of the
26 State's Attorney, or of the Attorney General if the action
27 has been instituted by his office, and upon notice to the
28 defendant, or at the time of arraignment or as a condition of
29 the postponement of arraignment, the court at any time may
30 enter such temporary order as may seem just, providing for
31 the support or maintenance of the spouse or child or children
32 of the defendant, or both, pendente lite.
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1 The Court shall determine the amount of child support by
2 using the guidelines and standards set forth in subsection
3 (a) of Section 505 and in Section 505.2 of the Illinois
4 Marriage and Dissolution of Marriage Act.
5 An order entered under this Section shall include a
6 provision requiring the obligor to report to the obligee and
7 to the clerk of court within 10 days each time the obligor
8 obtains new employment, and each time the obligor's
9 employment is terminated for any reason. The report shall be
10 in writing and shall, in the case of new employment, include
11 the name and address of the new employer. Failure to report
12 new employment or the termination of current employment, if
13 coupled with nonpayment of support for a period in excess of
14 60 days, is indirect criminal contempt. For any obligor
15 arrested for failure to report new employment bond shall be
16 set in the amount of the child support that should have been
17 paid during the period of unreported employment. An order
18 entered under this Section shall also include a provision
19 requiring the obligor and obligee parents to advise each
20 other of a change in residence within 5 days of the change
21 except when the court finds that the physical, mental, or
22 emotional health of a party or that of a minor child, or
23 both, would be seriously endangered by disclosure of the
24 party's address.
25 The Court shall determine the amount of maintenance using
26 the standards set forth in Section 504 of the Illinois
27 Marriage and Dissolution of Marriage Act.
28 The court may for violation of any order under this
29 Section punish the offender as for a contempt of court, but
30 no pendente lite order shall remain in force for a longer
31 term than 4 months, or after the discharge of any panel of
32 jurors summoned for service thereafter in such court,
33 whichever is the sooner.
34 Any new or existing support order entered by the court
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1 under this Section shall be deemed to be a series of
2 judgments against the person obligated to pay support
3 thereunder, each such judgment to be in the amount of each
4 payment or installment of support and each such judgment to
5 be deemed entered as of the date the corresponding payment or
6 installment becomes due under the terms of the support order.
7 Each such judgment shall have the full force, effect and
8 attributes of any other judgment of this State, including the
9 ability to be enforced. Any such judgment is subject to
10 modification or termination only in accordance with Section
11 510 of the Illinois Marriage and Dissolution of Marriage Act.
12 A lien arises by operation of law against the real and
13 personal property of the noncustodial parent for each
14 installment of overdue support owed by the noncustodial
15 parent.
16 A one-time interest charge of 20% is imposable upon the
17 amount of past-due child support owed on July 1, 1988 which
18 has accrued under a support order entered by the court. The
19 charge shall be imposed in accordance with the provisions of
20 Section 10-21 of the Illinois Public Aid Code and shall be
21 enforced by the court upon petition.
22 All orders for support, when entered or modified, shall
23 include a provision requiring the non-custodial parent to
24 notify the court and, in cases in which a party is receiving
25 child and spouse support services under Article X of the
26 Illinois Public Aid Code, the Illinois Department of Public
27 Aid, within 7 days, (i) of the name and address of any new
28 employer of the non-custodial parent, (ii) whether the
29 non-custodial parent has access to health insurance coverage
30 through the employer or other group coverage and, if so, the
31 policy name and number and the names of persons covered under
32 the policy, and (iii) of any new residential or mailing
33 address or telephone number of the non-custodial parent. In
34 any subsequent action to enforce a support order, upon a
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1 sufficient showing that a diligent effort has been made to
2 ascertain the location of the non-custodial parent, service
3 of process or provision of notice necessary in the case may
4 be made at the last known address of the non-custodial parent
5 in any manner expressly provided by the Code of Civil
6 Procedure or this Act, which service shall be sufficient for
7 purposes of due process.
8 An order for support shall include a date on which the
9 current support obligation terminates. The termination date
10 shall be no earlier than the date on which the child covered
11 by the order will attain the age of majority or is otherwise
12 emancipated. The order for support shall state that the
13 termination date does not apply to any arrearage that may
14 remain unpaid on that date. Nothing in this paragraph shall
15 be construed to prevent the court from modifying the order.
16 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
17 revised 12-2-97.)
18 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
19 Sec. 4.1. Withholding of Income to Secure Payment of
20 Support.
21 (A) Definitions.
22 (1) "Order for support" means any order of the court
23 which provides for periodic payment of funds for the support
24 of a child or maintenance of a spouse, whether temporary or
25 final, and includes any such order which provides for:
26 (a) Modification or resumption of, or payment of
27 arrearage accrued under, a previously existing order;
28 (b) Reimbursement of support; or
29 (c) Enrollment in a health insurance plan that is
30 available to the obligor through an employer or labor
31 union or trade union.
32 (2) "Arrearage" means the total amount of unpaid support
33 obligations as determined by the court and incorporated into
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1 an order for support.
2 (3) "Delinquency" means any payment under an order for
3 support which becomes due and remains unpaid after entry of
4 the order for support.
5 (4) "Income" means any form of periodic payment to an
6 individual, regardless of source, including, but not limited
7 to: wages, salary, commission, compensation as an independent
8 contractor, workers' compensation, disability, annuity,
9 pension, and retirement benefits, lottery prize awards,
10 insurance proceeds, vacation pay, bonuses, profit-sharing
11 payments, interest, and any other payments, made by any
12 person, private entity, federal or state government, any unit
13 of local government, school district or any entity created by
14 Public Act; however, "income" excludes:
15 (a) Any amounts required by law to be withheld,
16 other than creditor claims, including, but not limited
17 to, federal, State and local taxes, Social Security and
18 other retirement and disability contributions;
19 (b) Union dues;
20 (c) Any amounts exempted by the federal Consumer
21 Credit Protection Act;
22 (d) Public assistance payments; and
23 (e) Unemployment insurance benefits except as
24 provided by law.
25 Any other State or local laws which limit or exempt
26 income or the amount or percentage of income that can be
27 withheld shall not apply.
28 (5) "Obligor" means the individual who owes a duty to
29 make payments under an order for support.
30 (6) "Obligee" means the individual to whom a duty of
31 support is owed or the individual's legal representative.
32 (7) "Payor" means any payor of income to an obligor.
33 (8) "Public office" means any elected official or any
34 State or local agency which is or may become responsible by
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1 law for enforcement of, or which is or may become authorized
2 to enforce, an order for support, including, but not limited
3 to: the Attorney General, the Illinois Department of Public
4 Aid, the Illinois Department of Human Services, the Illinois
5 Department of Children and Family Services, and the various
6 State's Attorneys, Clerks of the Circuit Court and
7 supervisors of general assistance.
8 (9) "Premium" means the dollar amount for which the
9 obligor is liable to his employer or labor union or trade
10 union and which must be paid to enroll or maintain a child in
11 a health insurance plan that is available to the obligor
12 through an employer or labor union or trade union.
13 (B) Entry of Order for Support Containing Income Withholding
14 Provisions; Income Withholding Notice.
15 (1) In addition to any content required under other
16 laws, every order for support entered on or after July 1,
17 1997, shall:
18 (a) Require an income withholding notice to be
19 prepared and served immediately upon any payor of the
20 obligor by the obligee or public office, unless a written
21 agreement is reached between and signed by both parties
22 providing for an alternative arrangement, approved and
23 entered into the record by the court, which ensures
24 payment of support. In that case, the order for support
25 shall provide that an income withholding notice is to be
26 prepared and served only if the obligor becomes
27 delinquent in paying the order for support; and
28 (b) Contain a dollar amount to be paid until
29 payment in full of any delinquency that accrues after
30 entry of the order for support. The amount for payment
31 of delinquency shall not be less than 20% of the total of
32 the current support amount and the amount to be paid
33 periodically for payment of any arrearage stated in the
34 order for support; and
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1 (c) Include the obligor's Social Security Number,
2 which the obligor shall disclose to the court. If the
3 obligor is not a United States citizen, the obligor shall
4 disclose to the court, and the court shall include in the
5 order for support, the obligor's alien registration
6 number, passport number, and home country's social
7 security or national health number, if applicable.
8 (2) At the time the order for support is entered, the
9 Clerk of the Circuit Court shall provide a copy of the order
10 to the obligor and shall make copies available to the obligee
11 and public office.
12 (3) The income withholding notice shall:
13 (a) Be in the standard format prescribed by the
14 federal Department of Health and Human Services; and
15 (b) Direct any payor to withhold the dollar amount
16 required for current support under the order for support;
17 and
18 (c) Direct any payor to withhold the dollar amount
19 required to be paid periodically under the order for
20 support for payment of the amount of any arrearage stated
21 in the order for support; and
22 (d) Direct any payor or labor union or trade union
23 to enroll a child as a beneficiary of a health insurance
24 plan and withhold or cause to be withheld, if applicable,
25 any required premiums; and
26 (e) State the amount of the payor income
27 withholding fee specified under this Section; and
28 (f) State that the amount actually withheld from
29 the obligor's income for support and other purposes,
30 including the payor withholding fee specified under this
31 Section, may not be in excess of the maximum amount
32 permitted under the federal Consumer Credit Protection
33 Act; and
34 (g) State the duties of the payor and the fines and
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1 penalties for failure to withhold and pay over income and
2 for discharging, disciplining, refusing to hire, or
3 otherwise penalizing the obligor because of the duty to
4 withhold and pay over income under this Section; and
5 (h) State the rights, remedies, and duties of the
6 obligor under this Section; and
7 (i) Include the obligor's Social Security Number;
8 and
9 (j) Include the date that withholding for current
10 support terminates, which shall be the date of
11 termination of the current support obligation set forth
12 in the order for support.
13 (4) The accrual of a delinquency as a condition for
14 service of an income withholding notice, under the exception
15 to immediate withholding in paragraph (1) of this subsection,
16 shall apply only to the initial service of an income
17 withholding notice on a payor of the obligor.
18 (5) Notwithstanding the exception to immediate
19 withholding contained in paragraph (1) of this subsection, if
20 the court finds at the time of any hearing that an arrearage
21 has accrued, the court shall order immediate service of an
22 income withholding notice upon the payor.
23 (6) If the order for support, under the exception to
24 immediate withholding contained in paragraph (1) of this
25 subsection, provides that an income withholding notice is to
26 be prepared and served only if the obligor becomes delinquent
27 in paying the order for support, the obligor may execute a
28 written waiver of that condition and request immediate
29 service on the payor.
30 (7) The obligee or public office may serve the income
31 withholding notice on the payor or its superintendent,
32 manager, or other agent by ordinary mail or certified mail
33 return receipt requested, by facsimile transmission or other
34 electronic means, by personal delivery, or by any method
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1 provided by law for service of a summons. At the time of
2 service on the payor and as notice that withholding has
3 commenced, the obligee or public office shall serve a copy of
4 the income withholding notice on the obligor by ordinary mail
5 addressed to his or her last known address. Proofs of
6 service on the payor and the obligor shall be filed with the
7 Clerk of the Circuit Court.
8 (8) At any time after the initial service of an income
9 withholding notice under this Section, any other payor of the
10 obligor may be served with the same income withholding notice
11 without further notice to the obligor.
12 (9) (4) New service of an income order for withholding
13 notice is not required in order to resume withholding of
14 income in the case of an obligor with respect to whom an
15 income order for withholding notice was previously served on
16 the payor if withholding of income was terminated because of
17 an interruption in the obligor's employment of less than 180
18 days.
19 (C) Income Withholding After Accrual of Delinquency.
20 (1) Whenever an obligor accrues a delinquency, the
21 obligee or public office may prepare and serve upon the
22 obligor's payor an income withholding notice that:
23 (a) Contains the information required under
24 paragraph (3) of subsection (B); and
25 (b) Contains a computation of the period and total
26 amount of the delinquency as of the date of the notice;
27 and
28 (c) Directs the payor to withhold the dollar amount
29 required to be withheld periodically under the order for
30 support for payment of the delinquency.
31 (2) The income withholding notice and the obligor's copy
32 of the income withholding notice shall be served as provided
33 in paragraph (7) of subsection (B).
34 (3) The obligor may contest withholding commenced under
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1 this subsection by filing a petition to contest withholding
2 with the Clerk of the Circuit Court within 20 days after
3 service of a copy of the income withholding notice on the
4 obligor. However, the grounds for the petition to contest
5 withholding shall be limited to:
6 (a) A dispute concerning the existence or amount of
7 the delinquency; or
8 (b) The identity of the obligor.
9 The Clerk of the Circuit Court shall notify the obligor
10 and the obligee or public office of the time and place of the
11 hearing on the petition to contest withholding. The court
12 shall hold the hearing pursuant to the provisions of
13 subsection (F).
14 (D) Initiated Withholding.
15 (1) Notwithstanding any other provision of this Section,
16 if the court has not required that income withholding take
17 effect immediately, the obligee or public office may initiate
18 withholding, regardless of whether a delinquency has accrued,
19 by preparing and serving an income withholding notice on the
20 payor that contains the information required under paragraph
21 (3) of subsection (B) and states that the parties' written
22 agreement providing an alternative arrangement to immediate
23 withholding under paragraph (1) of subsection (B) no longer
24 ensures payment of support and the reason or reasons why it
25 does not.
26 (2) The income withholding notice and the obligor's copy
27 of the income withholding notice shall be served as provided
28 in paragraph (7) of subsection (B).
29 (3) The obligor may contest withholding commenced under
30 this subsection by filing a petition to contest withholding
31 with the Clerk of the Circuit Court within 20 days after
32 service of a copy of the income withholding notice on the
33 obligor. However, the grounds for the petition shall be
34 limited to a dispute concerning:
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1 (a) whether the parties' written agreement
2 providing an alternative arrangement to immediate
3 withholding under paragraph (1) of subsection (B)
4 continues to ensure payment of support; or
5 (b) the identity of the obligor.
6 It shall not be grounds for filing a petition that the
7 obligor has made all payments due by the date of the
8 petition.
9 (4) If the obligor files a petition contesting
10 withholding within the 20-day period required under paragraph
11 (3), the Clerk of the Circuit Court shall notify the obligor
12 and the obligee or public office, as appropriate, of the time
13 and place of the hearing on the petition. The court shall
14 hold the hearing pursuant to the provisions of subsection
15 (F). regular or facsimile regular or facsimile
16 (E) Duties of Payor.
17 (1) It shall be the duty of any payor who has been
18 served with an income withholding notice to deduct and pay
19 over income as provided in this subsection. The payor shall
20 deduct the amount designated in the income withholding
21 notice, as supplemented by any notice provided pursuant to
22 paragraph (6) of subsection (G), beginning no later than the
23 next payment of income which is payable or creditable to the
24 obligor that occurs 14 days following the date the income
25 withholding notice was mailed, sent by facsimile or other
26 electronic means, or placed for personal delivery to or
27 service on the payor. The payor may combine all amounts
28 withheld for the benefit of an obligee or public office into
29 a single payment and transmit the payment with a listing of
30 obligors from whom withholding has been effected. The payor
31 shall pay the amount withheld to the obligee or public office
32 within 7 business days after the date the amount would (but
33 for the duty to withhold income) have been paid or credited
34 to the obligor. If the payor knowingly fails to pay any
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1 amount withheld to the obligee or public office within 7
2 business days after the date the amount would have been paid
3 or credited to the obligor, the payor shall pay a penalty of
4 $100 for each day that the withheld amount is not paid to the
5 obligee or public office after the period of 7 business days
6 has expired. The failure of a payor, on more than one
7 occasion, to pay amounts withheld to the obligee or public
8 office within 7 business days after the date the amount would
9 have been paid or credited to the obligor creates a
10 presumption that the payor knowingly failed to pay over the
11 amounts. This penalty may be collected in a civil action
12 which may be brought against the payor in favor of the
13 obligee or public office. A finding of a payor's
14 nonperformance within the time required under this Section
15 must be documented by a certified mail return receipt showing
16 the date the income order for withholding notice was served
17 on the payor. For purposes of this Section, a withheld amount
18 shall be considered paid by a payor on the date it is mailed
19 by the payor, or on the date an electronic funds transfer of
20 the amount has been initiated by the payor, or on the date
21 delivery of the amount has been initiated by the payor. For
22 each deduction, the payor shall provide the obligee or public
23 office, at the time of transmittal, with the date the amount
24 would (but for the duty to withhold income) have been paid or
25 credited to the obligor.
26 Upon receipt of an income withholding notice requiring
27 that a minor child be named as a beneficiary of a health
28 insurance plan available through an employer or labor union
29 or trade union, the employer or labor union or trade union
30 shall immediately enroll the minor child as a beneficiary in
31 the health insurance plan designated by the income
32 withholding notice. The employer shall withhold any required
33 premiums and pay over any amounts so withheld and any
34 additional amounts the employer pays to the insurance carrier
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1 in a timely manner. The employer or labor union or trade
2 union shall mail to the obligee, within 15 days of enrollment
3 or upon request, notice of the date of coverage, information
4 on the dependent coverage plan, and all forms necessary to
5 obtain reimbursement for covered health expenses, such as
6 would be made available to a new employee. When an order for
7 dependent coverage is in effect and the insurance coverage is
8 terminated or changed for any reason, the employer or labor
9 union or trade union shall notify the obligee within 10 days
10 of the termination or change date along with notice of
11 conversion privileges.
12 For withholding of income, the payor shall be entitled to
13 receive a fee not to exceed $5 per month or the actual check
14 processing cost to be taken from the income to be paid to the
15 obligor.
16 (2) Whenever the obligor is no longer receiving income
17 from the payor, the payor shall return a copy of the income
18 withholding notice to the obligee or public office and shall
19 provide information for the purpose of enforcing this
20 Section.
21 (3) Withholding of income under this Section shall be
22 made without regard to any prior or subsequent garnishments,
23 attachments, wage assignments, or any other claims of
24 creditors. Withholding of income under this Section shall
25 not be in excess of the maximum amounts permitted under the
26 federal Consumer Credit Protection Act. If the payor has been
27 served with more than one income withholding notice
28 pertaining to the same obligor, the payor shall allocate
29 income available for withholding on a proportionate share
30 basis, giving priority to current support payments. If there
31 is any income available for withholding after withholding for
32 all current support obligations, the payor shall allocate the
33 income to past due support payments ordered in cases in which
34 cash assistance under the Illinois Public Aid Code is not
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1 being provided to the obligee and then to past due support
2 payments ordered in cases in which cash assistance under the
3 Illinois Public Aid Code is being provided to the obligee,
4 both on a proportionate share basis. A payor who complies
5 with an income withholding notice that is regular on its face
6 shall not be subject to civil liability with respect to any
7 individual, any agency, or any creditor of the obligor for
8 conduct in compliance with the notice.
9 (4) No payor shall discharge, discipline, refuse to hire
10 or otherwise penalize any obligor because of the duty to
11 withhold income.
12 (F) Petitions to Contest Withholding or to Modify, Suspend,
13 Terminate, or Correct Income Withholding Notices.
14 (1) When an obligor files a petition to contest
15 withholding, the court, after due notice to all parties,
16 shall hear the matter as soon as practicable and shall enter
17 an order granting or denying relief, ordering service of an
18 amended income withholding notice, where applicable, or
19 otherwise resolving the matter.
20 The court shall deny the obligor's petition if the court
21 finds that when the income withholding notice was mailed,
22 sent by facsimile transmission or other electronic means, or
23 placed for personal delivery to or service on the payor:
24 (a) A delinquency existed; or
25 (b) The parties' written agreement providing an
26 alternative arrangement to immediate withholding under
27 paragraph (1) of subsection (B) no longer ensured payment
28 of support.
29 (2) At any time, an obligor, obligee, public office or
30 Clerk of the Circuit Court may petition the court to:
31 (a) Modify, suspend or terminate the income
32 withholding notice because of a modification, suspension
33 or termination of the underlying order for support; or
34 (b) Modify the amount of income to be withheld to
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1 reflect payment in full or in part of the delinquency or
2 arrearage by income withholding or otherwise; or
3 (c) Suspend the income withholding notice because
4 of inability to deliver income withheld to the obligee
5 due to the obligee's failure to provide a mailing address
6 or other means of delivery.
7 (3) At any time an obligor may petition the court to
8 correct a term contained in an income withholding notice to
9 conform to that stated in the underlying order for support
10 for:
11 (a) The amount of current support;
12 (b) The amount of the arrearage;
13 (c) The periodic amount for payment of the
14 arrearage; or
15 (d) The periodic amount for payment of the
16 delinquency.
17 (4) The obligor, obligee or public office shall serve on
18 the payor, in the manner provided for service of income
19 withholding notices in paragraph (7) of subsection (B), a
20 copy of any order entered pursuant to this subsection that
21 affects the duties of the payor.
22 (5) At any time, a public office or Clerk of the Circuit
23 Court may serve a notice on the payor to:
24 (a) Cease withholding of income for payment of
25 current support for a child when the support obligation
26 for that child has automatically ceased under the order
27 for support through emancipation or otherwise; or
28 (b) Cease withholding of income for payment of
29 delinquency or arrearage when the delinquency or
30 arrearage has been paid in full.
31 (6) The notice provided for under paragraph (5) of this
32 subsection shall be served on the payor in the manner
33 provided for service of income withholding notices in
34 paragraph (7) of subsection (B), and a copy shall be provided
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1 to the obligor and the obligee.
2 (7) The income withholding notice shall continue to be
3 binding upon the payor until service of an amended income
4 withholding notice or any order of the court or notice
5 entered or provided for under this subsection.
6 (G) Additional Duties.
7 (1) An obligee who is receiving income withholding
8 payments under this Section shall notify the payor, if the
9 obligee receives the payments directly from the payor, or the
10 public office or the Clerk of the Circuit Court, as
11 appropriate, of any change of address within 7 days of such
12 change.
13 (2) An obligee who is a recipient of public aid shall
14 send a copy of any income withholding notice served by the
15 obligee to the Division of Child Support Enforcement of the
16 Illinois Department of Public Aid.
17 (3) Each obligor shall notify the obligee, the public
18 office, and the Clerk of the Circuit Court of any change of
19 address within 7 days.
20 (4) An obligor whose income is being withheld or who has
21 been served with a notice of delinquency pursuant to this
22 Section shall notify the obligee, the public office, and the
23 Clerk of the Circuit Court of any new payor, within 7 days.
24 (5) When the Illinois Department of Public Aid is no
25 longer authorized to receive payments for the obligee, it
26 shall, within 7 days, notify the payor or, where appropriate,
27 the Clerk of the Circuit Court, to redirect income
28 withholding payments to the obligee.
29 (6) The obligee or public office shall provide notice to
30 the payor and Clerk of the Circuit Court of any other support
31 payment made, including but not limited to, a set-off under
32 federal and State law or partial payment of the delinquency
33 or arrearage, or both.
34 (7) Any public office and Clerk of the Circuit Court
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1 which collects, disburses or receives payments pursuant to
2 income withholding notices shall maintain complete, accurate,
3 and clear records of all payments and their disbursements.
4 Certified copies of payment records maintained by a public
5 office or Clerk of the Circuit Court shall, without further
6 proof, be admitted into evidence in any legal proceedings
7 under this Section.
8 (8) The Illinois Department of Public Aid shall design
9 suggested legal forms for proceeding under this Section and
10 shall make available to the courts such forms and
11 informational materials which describe the procedures and
12 remedies set forth herein for distribution to all parties in
13 support actions.
14 (9) At the time of transmitting each support payment,
15 the clerk of the circuit court shall provide the obligee or
16 public office, as appropriate, with any information furnished
17 by the payor as to the date the amount would (but for the
18 duty to withhold income) have been paid or credited to the
19 obligor.
20 (H) Penalties.
21 (1) Where a payor wilfully fails to withhold or pay over
22 income pursuant to a properly served income withholding
23 notice, or wilfully discharges, disciplines, refuses to hire
24 or otherwise penalizes an obligor as prohibited by subsection
25 (E), or otherwise fails to comply with any duties imposed by
26 this Section, the obligee, public office or obligor, as
27 appropriate, may file a complaint with the court against the
28 payor. The clerk of the circuit court shall notify the
29 obligee or public office, as appropriate, and the obligor and
30 payor of the time and place of the hearing on the complaint.
31 The court shall resolve any factual dispute including, but
32 not limited to, a denial that the payor is paying or has paid
33 income to the obligor. Upon a finding in favor of the
34 complaining party, the court:
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1 (a) Shall enter judgment and direct the enforcement
2 thereof for the total amount that the payor wilfully
3 failed to withhold or pay over; and
4 (b) May order employment or reinstatement of or
5 restitution to the obligor, or both, where the obligor
6 has been discharged, disciplined, denied employment or
7 otherwise penalized by the payor and may impose a fine
8 upon the payor not to exceed $200.
9 (2) Any obligee, public office or obligor who wilfully
10 initiates a false proceeding under this Section or who
11 wilfully fails to comply with the requirements of this
12 Section shall be punished as in cases of contempt of court.
13 (I) Alternative Procedures for Service of an Income
14 Withholding Notice.
15 (1) The procedures of this subsection may be used in any
16 matter to serve an income withholding notice on a payor if:
17 (a) For any reason the most recent order for
18 support entered does not contain the income withholding
19 provisions required under subsection (B), irrespective of
20 whether a separate order for withholding was entered
21 prior to July 1, 1997; and
22 (b) The obligor has accrued a delinquency after
23 entry of the most recent order for support.
24 (2) The obligee or public office shall prepare and serve
25 the income withholding notice in accordance with the
26 provisions of subsection (C), except that the notice shall
27 contain a periodic amount for payment of the delinquency
28 equal to 20% of the total of the current support amount and
29 the amount to be paid periodically for payment of any
30 arrearage stated in the most recent order for support.
31 (3) If the obligor requests in writing that income
32 withholding become effective prior to the obligor accruing a
33 delinquency under the most recent order for support, the
34 obligee or public office may prepare and serve an income
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1 withholding notice on the payor as provided in subsection
2 (B). In addition to filing proofs of service of the income
3 withholding notice on the payor and the obligor, the obligee
4 or public office shall file a copy of the obligor's written
5 request for income withholding with the Clerk of the Circuit
6 Court.
7 (4) All other provisions of this Section shall be
8 applicable with respect to the provisions of this subsection
9 (I).
10 (J) Remedies in Addition to Other Laws.
11 (1) The rights, remedies, duties and penalties created
12 by this Section are in addition to and not in substitution
13 for any other rights, remedies, duties and penalties created
14 by any other law.
15 (2) Nothing in this Section shall be construed as
16 invalidating any assignment of wages or benefits executed
17 prior to January 1, 1984 or any order for withholding served
18 prior to July 1, 1997.
19 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
20 90-425, eff. 8-15-97; revised 9-29-97.)
21 Section 172. The Uniform Interstate Family Support Act
22 is amended by changing Section 605 as follows:
23 (750 ILCS 22/605)
24 Sec. 605. Notice of registration of order.
25 (a) When a support order or income-withholding order
26 issued in another state is registered, the registering
27 tribunal shall notify the nonregistering party. The notice
28 must be accompanied by a copy of the registered order and the
29 documents and relevant information accompanying the order.
30 (b) The notice must inform the nonregistering party:
31 (1) that a registered order is enforceable as of
32 the date of registration in the same manner as an order
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1 issued by a tribunal of this State;
2 (2) that a hearing to contest the validity or
3 enforcement of the registered order must be requested
4 within 20 days after the date of mailing or personal
5 service of the notice;
6 (3) that failure to contest the validity or
7 enforcement of the registered order in a timely manner
8 will result in confirmation of the order and enforcement
9 of the order and the alleged arrearages and precludes
10 further contest of that order with respect to any matter
11 that could have been asserted; and
12 (4) of the amount of any alleged arrearages.
13 (c) Upon registration of an income-withholding order for
14 enforcement, the registering tribunal shall notify the
15 obligor's employer pursuant to Section 10-16.2 of the
16 Illinois Public Aid Code, Section 706.1 of the Illinois
17 Marriage and Dissolution of Marriage Act, Section 4.1 of the
18 Non-Support of Spouse and Children Act, and Section 20 of the
19 Illinois Parentage Act of 1984 1989.
20 (Source: P.A. 90-240, eff. 7-28-97; revised 12-18-97.)
21 Section 173. The Illinois Parentage Act of 1984 is
22 amended by changing Sections 14 and 20 as follows:
23 (750 ILCS 45/14) (from Ch. 40, par. 2514)
24 Sec. 14. Judgment.
25 (a) (1) The judgment shall contain or explicitly reserve
26 provisions concerning any duty and amount of child support
27 and may contain provisions concerning the custody and
28 guardianship of the child, visitation privileges with the
29 child, the furnishing of bond or other security for the
30 payment of the judgment, which the court shall determine in
31 accordance with the relevant factors set forth in the
32 Illinois Marriage and Dissolution of Marriage Act and any
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1 other applicable law of Illinois, to guide the court in a
2 finding in the best interests of the child. In determining
3 custody, joint custody, or visitation, the court shall apply
4 the relevant standards of the Illinois Marriage and
5 Dissolution of Marriage Act. Specifically, in determining the
6 amount of any child support award, the court shall use the
7 guidelines and standards set forth in subsection (a) of
8 Section 505 and in Section 505.2 of the Illinois Marriage and
9 Dissolution of Marriage Act. For purposes of Section 505 of
10 the Illinois Marriage and Dissolution of Marriage Act, "net
11 income" of the non-custodial parent shall include any
12 benefits available to that person under the Illinois Public
13 Aid Code or from other federal, State or local
14 government-funded programs. The court shall, in any event
15 and regardless of the amount of the non-custodial parent's
16 net income, in its judgment order the non-custodial parent to
17 pay child support to the custodial parent in a minimum amount
18 of not less than $10 per month. In an action brought within 2
19 years after a child's birth, the judgment or order may direct
20 either parent to pay the reasonable expenses incurred by
21 either parent related to the mother's pregnancy and the
22 delivery of the child. The judgment or order shall contain
23 the father's social security number, which the father shall
24 disclose to the court; however, failure to include the
25 father's social security number on the judgment or order does
26 not invalidate the judgment or order.
27 (2) If a judgment of parentage contains no explicit
28 award of custody, the establishment of a support obligation
29 or of visitation rights in one parent shall be considered a
30 judgment granting custody to the other parent. If the
31 parentage judgment contains no such provisions, custody shall
32 be presumed to be with the mother; however, the presumption
33 shall not apply if the father has had physical custody for at
34 least 6 months prior to the date that the mother seeks to
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1 enforce custodial rights.
2 (b) The court shall order all child support payments,
3 determined in accordance with such guidelines, to commence
4 with the date summons is served. The level of current
5 periodic support payments shall not be reduced because of
6 payments set for the period prior to the date of entry of the
7 support order. The Court may order any child support
8 payments to be made for a period prior to the commencement of
9 the action. In determining whether and the extent to which
10 the payments shall be made for any prior period, the court
11 shall consider all relevant facts, including the factors for
12 determining the amount of support specified in the Illinois
13 Marriage and Dissolution of Marriage Act and other equitable
14 factors including but not limited to:
15 (1) The father's prior knowledge of the fact and
16 circumstances of the child's birth.
17 (2) The father's prior willingness or refusal to
18 help raise or support the child.
19 (3) The extent to which the mother or the public
20 agency bringing the action previously informed the father
21 of the child's needs or attempted to seek or require his
22 help in raising or supporting the child.
23 (4) The reasons the mother or the public agency did
24 not file the action earlier.
25 (5) The extent to which the father would be
26 prejudiced by the delay in bringing the action.
27 For purposes of determining the amount of child support
28 to be paid for any period before the date the order for
29 current child support is entered, there is a rebuttable
30 presumption that the father's net income for the prior period
31 was the same as his net income at the time the order for
32 current child support is entered.
33 (c) Any new or existing support order entered by the
34 court under this Section shall be deemed to be a series of
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1 judgments against the person obligated to pay support
2 thereunder, each judgment to be in the amount of each payment
3 or installment of support and each such judgment to be deemed
4 entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each judgment shall have the full force, effect and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. A lien arises by operation of law
9 against the real and personal property of the noncustodial
10 parent for each installment of overdue support owed by the
11 noncustodial parent.
12 (d) If the judgment or order of the court is at variance
13 with the child's birth certificate, the court shall order
14 that a new birth certificate be issued under the Vital
15 Records Act.
16 (e) On request of the mother and the father, the court
17 shall order a change in the child's name. After hearing
18 evidence the court may stay payment of support during the
19 period of the father's minority or period of disability.
20 (f) If, upon a showing of proper service, the father
21 fails to appear in court, or otherwise appear as provided by
22 law, the court may proceed to hear the cause upon testimony
23 of the mother or other parties taken in open court and shall
24 enter a judgment by default. The court may reserve any order
25 as to the amount of child support until the father has
26 received notice, by regular mail, of a hearing on the matter.
27 (g) A one-time charge of 20% is imposable upon the
28 amount of past-due child support owed on July 1, 1988 which
29 has accrued under a support order entered by the court. The
30 charge shall be imposed in accordance with the provisions of
31 Section 10-21 of the Illinois Public Aid Code and shall be
32 enforced by the court upon petition.
33 (h) All orders for support, when entered or modified,
34 shall include a provision requiring the non-custodial parent
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1 to notify the court and, in cases in which party is receiving
2 child and spouse support services under Article X of the
3 Illinois Public Aid Code, the Illinois Department of Public
4 Aid, within 7 days, (i) of the name and address of any new
5 employer of the non-custodial parent, (ii) whether the
6 non-custodial parent has access to health insurance coverage
7 through the employer or other group coverage and, if so, the
8 policy name and number and the names of persons covered under
9 the policy, and (iii) of any new residential or mailing
10 address or telephone number of the non-custodial parent. In
11 any subsequent action to enforce a support order, upon a
12 sufficient showing that a diligent effort has been made to
13 ascertain the location of the non-custodial parent, service
14 of process or provision of notice necessary in the case may
15 be made at the last known address of the non-custodial parent
16 in any manner expressly provided by the Code of Civil
17 Procedure or this Act, which service shall be sufficient for
18 purposes of due process.
19 (i) An order for support shall include a date on which
20 the current support obligation terminates. The termination
21 date shall be no earlier than the date on which the child
22 covered by the order will attain the age of majority or is
23 otherwise emancipated. The order for support shall state
24 that the termination date does not apply to any arrearage
25 that may remain unpaid on that date. Nothing in this
26 subsection shall be construed to prevent the court from
27 modifying the order.
28 (j) An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee and
30 to the clerk of court within 10 days each time the obligor
31 obtains new employment, and each time the obligor's
32 employment is terminated for any reason. The report shall be
33 in writing and shall, in the case of new employment, include
34 the name and address of the new employer. Failure to report
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1 new employment or the termination of current employment, if
2 coupled with nonpayment of support for a period in excess of
3 60 days, is indirect criminal contempt. For any obligor
4 arrested for failure to report new employment bond shall be
5 set in the amount of the child support that should have been
6 paid during the period of unreported employment. An order
7 entered under this Section shall also include a provision
8 requiring the obligor and obligee parents to advise each
9 other of a change in residence within 5 days of the change
10 except when the court finds that the physical, mental, or
11 emotional health of a party or that of a minor child, or
12 both, would be seriously endangered by disclosure of the
13 party's address.
14 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
15 revised 12-2-97.)
16 (750 ILCS 45/20) (from Ch. 40, par. 2520)
17 Sec. 20. Withholding of Income to Secure Payment of
18 Support.
19 (A) Definitions.
20 (1) "Order for support" means any order of the court
21 which provides for periodic payment of funds for the support
22 of a child, whether temporary or final, and includes any such
23 order which provides for:
24 (a) modification or resumption of, or payment of
25 arrearage accrued under, a previously existing order;
26 (b) reimbursement of support;
27 (c) payment or reimbursement of the expense of
28 pregnancy and delivery; or
29 (d) enrollment in a health insurance plan that is
30 available to the obligor through an employer or labor
31 union or trade union.
32 (2) "Arrearage" means the total amount of unpaid support
33 obligations as determined by the court and incorporated into
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1 an order for support.
2 (3) "Delinquency" means any payment under an order for
3 support which becomes due and remains unpaid after entry of
4 the order for support.
5 (4) "Income" means any form of periodic payment to an
6 individual, regardless of source, including, but not limited
7 to: wages, salary, commission, compensation as an independent
8 contractor, workers' compensation, disability, annuity,
9 pension, and retirement benefits, lottery prize awards,
10 insurance proceeds, vacation pay, bonuses, profit-sharing
11 payments, interest, and any other payments, made by any
12 person, private entity, federal or state government, any unit
13 of local government, school district or any entity created by
14 Public Act; however, "income" excludes:
15 (a) any amounts required by law to be withheld,
16 other than creditor claims, including, but not limited
17 to, federal, State and local taxes, Social Security and
18 other retirement and disability contributions;
19 (b) union dues;
20 (c) any amounts exempted by the federal Consumer
21 Credit Protection Act;
22 (d) public assistance payments; and
23 (e) unemployment insurance benefits except as
24 provided by law.
25 Any other State or local laws which limit or exempt
26 income or the amount or percentage of income that can be
27 withheld shall not apply.
28 (5) "Obligor" means the individual who owes a duty to
29 make payments under an order for support.
30 (6) "Obligee" means the individual to whom a duty of
31 support is owed or the individual's legal representative.
32 (7) "Payor" means any payor of income to an obligor.
33 (8) "Public office" means any elected official or any
34 State or local agency which is or may become responsible by
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1 law for enforcement of, or which is or may become authorized
2 to enforce, an order for support, including, but not limited
3 to: the Attorney General, the Illinois Department of Public
4 Aid, the Illinois Department of Human Services, the Illinois
5 Department of Children and Family Services, and the various
6 State's Attorneys, Clerks of the Circuit Court and
7 supervisors of general assistance.
8 (9) "Premium" means the dollar amount for which the
9 obligor is liable to his employer or labor union or trade
10 union and which must be paid to enroll or maintain a child in
11 a health insurance plan that is available to the obligor
12 through an employer or labor union or trade union.
13 (B) Entry of Order for Support Containing Income Withholding
14 Provisions; Income Withholding Notice.
15 (1) In addition to any content required under other
16 laws, every order for support entered on or after July 1,
17 1997, shall:
18 (a) Require an income withholding notice to be
19 prepared and served immediately upon any payor of the
20 obligor by the obligee or public office, unless a written
21 agreement is reached between and signed by both parties
22 providing for an alternative arrangement, approved and
23 entered into the record by the court, which ensures
24 payment of support. In that case, the order for support
25 shall provide that an income withholding notice is to be
26 prepared and served only if the obligor becomes
27 delinquent in paying the order for support; and
28 (b) Contain a dollar amount to be paid until
29 payment in full of any delinquency that accrues after
30 entry of the order for support. The amount for payment
31 of delinquency shall not be less than 20% of the total of
32 the current support amount and the amount to be paid
33 periodically for payment of any arrearage stated in the
34 order for support; and
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1 (c) Include the obligor's Social Security Number,
2 which the obligor shall disclose to the court. If the
3 obligor is not a United States citizen, the obligor shall
4 disclose to the court, and the court shall include in the
5 order for support, the obligor's alien registration
6 number, passport number, and home country's social
7 security or national health number, if applicable.
8 (2) At the time the order for support is entered, the
9 Clerk of the Circuit Court shall provide a copy of the order
10 to the obligor and shall make copies available to the obligee
11 and public office.
12 (3) The income withholding notice shall:
13 (a) Be in the standard format prescribed by the
14 federal Department of Health and Human Services; and
15 (b) Direct any payor to withhold the dollar amount
16 required for current support under the order for support;
17 and
18 (c) Direct any payor to withhold the dollar amount
19 required to be paid periodically under the order for
20 support for payment of the amount of any arrearage stated
21 in the order for support; and
22 (d) Direct any payor or labor union or trade union
23 to enroll a child as a beneficiary of a health insurance
24 plan and withhold or cause to be withheld, if applicable,
25 any required premiums; and
26 (e) State the amount of the payor income
27 withholding fee specified under this Section; and
28 (f) State that the amount actually withheld from
29 the obligor's income for support and other purposes,
30 including the payor withholding fee specified under this
31 Section, may not be in excess of the maximum amount
32 permitted under the federal Consumer Credit Protection
33 Act; and
34 (g) State the duties of the payor and the fines and
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1 penalties for failure to withhold and pay over income and
2 for discharging, disciplining, refusing to hire, or
3 otherwise penalizing the obligor because of the duty to
4 withhold and pay over income under this Section; and
5 (h) State the rights, remedies, and duties of the
6 obligor under this Section; and
7 (i) Include the obligor's Social Security Number;
8 and
9 (j) Include the date that withholding for current
10 support terminates, which shall be the date of
11 termination of the current support obligation set forth
12 in the order for support.
13 (4) The accrual of a delinquency as a condition for
14 service of an income withholding notice, under the exception
15 to immediate withholding in paragraph (1) of this subsection,
16 shall apply only to the initial service of an income
17 withholding notice on a payor of the obligor.
18 (5) Notwithstanding the exception to immediate
19 withholding contained in paragraph (1) of this subsection, if
20 the court finds at the time of any hearing that an arrearage
21 has accrued, the court shall order immediate service of an
22 income withholding notice upon the payor.
23 (6) If the order for support, under the exception to
24 immediate withholding contained in paragraph (1) of this
25 subsection, provides that an income withholding notice is to
26 be prepared and served only if the obligor becomes delinquent
27 in paying the order for support, the obligor may execute a
28 written waiver of that condition and request immediate
29 service on the payor.
30 (7) The obligee or public office may serve the income
31 withholding notice on the payor or its superintendent,
32 manager, or other agent by ordinary mail or certified mail
33 return receipt requested, by facsimile transmission or other
34 electronic means, by personal delivery, or by any method
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1 provided by law for service of a summons. At the time of
2 service on the payor and as notice that withholding has
3 commenced, the obligee or public office shall serve a copy of
4 the income withholding notice on the obligor by ordinary mail
5 addressed to his or her last known address. Proofs of
6 service on the payor and the obligor shall be filed with the
7 Clerk of the Circuit Court.
8 (8) At any time after the initial service of an income
9 withholding notice under this Section, any other payor of the
10 obligor may be served with the same income withholding notice
11 without further notice to the obligor.
12 (9) (4) New service of an income order for withholding
13 notice is not required in order to resume withholding of
14 income in the case of an obligor with respect to whom an
15 income order for withholding notice was previously served on
16 the payor if withholding of income was terminated because of
17 an interruption in the obligor's employment of less than 180
18 days.
19 (C) Income Withholding After Accrual of Delinquency.
20 (1) Whenever an obligor accrues a delinquency, the
21 obligee or public office may prepare and serve upon the
22 obligor's payor an income withholding notice that:
23 (a) Contains the information required under
24 paragraph (3) of subsection (B); and
25 (b) Contains a computation of the period and total
26 amount of the delinquency as of the date of the notice;
27 and
28 (c) Directs the payor to withhold the dollar amount
29 required to be withheld periodically under the order for
30 support for payment of the delinquency.
31 (2) The income withholding notice and the obligor's copy
32 of the income withholding notice shall be served as provided
33 in paragraph (7) of subsection (B).
34 (3) The obligor may contest withholding commenced under
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1 this subsection by filing a petition to contest withholding
2 with the Clerk of the Circuit Court within 20 days after
3 service of a copy of the income withholding notice on the
4 obligor. However, the grounds for the petition to contest
5 withholding shall be limited to:
6 (a) A dispute concerning the existence or amount of
7 the delinquency; or
8 (b) The identity of the obligor.
9 The Clerk of the Circuit Court shall notify the obligor
10 and the obligee or public office of the time and place of the
11 hearing on the petition to contest withholding. The court
12 shall hold the hearing pursuant to the provisions of
13 subsection (F).
14 (D) Initiated Withholding.
15 (1) Notwithstanding any other provision of this Section,
16 if the court has not required that income withholding take
17 effect immediately, the obligee or public office may initiate
18 withholding, regardless of whether a delinquency has accrued,
19 by preparing and serving an income withholding notice on the
20 payor that contains the information required under paragraph
21 (3) of subsection (B) and states that the parties' written
22 agreement providing an alternative arrangement to immediate
23 withholding under paragraph (1) of subsection (B) no longer
24 ensures payment of support and the reason or reasons why it
25 does not.
26 (2) The income withholding notice and the obligor's copy
27 of the income withholding notice shall be served as provided
28 in paragraph (7) of subsection (B).
29 (3) The obligor may contest withholding commenced under
30 this subsection by filing a petition to contest withholding
31 with the Clerk of the Circuit Court within 20 days after
32 service of a copy of the income withholding notice on the
33 obligor. However, the grounds for the petition shall be
34 limited to a dispute concerning:
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1 (a) whether the parties' written agreement
2 providing an alternative arrangement to immediate
3 withholding under paragraph (1) of subsection (B)
4 continues to ensure payment of support; or
5 (b) the identity of the obligor.
6 It shall not be grounds for filing a petition that the
7 obligor has made all payments due by the date of the
8 petition.
9 (4) If the obligor files a petition contesting
10 withholding within the 20-day period required under paragraph
11 (3), the Clerk of the Circuit Court shall notify the obligor
12 and the obligee or public office, as appropriate, of the time
13 and place of the hearing on the petition. The court shall
14 hold the hearing pursuant to the provisions of subsection
15 (F). regular or facsimile regular or facsimile
16 (E) Duties of Payor.
17 (1) It shall be the duty of any payor who has been
18 served with an income withholding notice to deduct and pay
19 over income as provided in this subsection. The payor shall
20 deduct the amount designated in the income withholding
21 notice, as supplemented by any notice provided pursuant to
22 paragraph (6) of subsection (G), beginning no later than the
23 next payment of income which is payable or creditable to the
24 obligor that occurs 14 days following the date the income
25 withholding notice was mailed, sent by facsimile or other
26 electronic means, or placed for personal delivery to or
27 service on the payor. The payor may combine all amounts
28 withheld for the benefit of an obligee or public office into
29 a single payment and transmit the payment with a listing of
30 obligors from whom withholding has been effected. The payor
31 shall pay the amount withheld to the obligee or public office
32 within 7 business days after the date the amount would (but
33 for the duty to withhold income) have been paid or credited
34 to the obligor. If the payor knowingly fails to pay any
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1 amount withheld to the obligee or public office within 7
2 business days after the date the amount would have been paid
3 or credited to the obligor, the payor shall pay a penalty of
4 $100 for each day that the withheld amount is not paid to the
5 obligee or public office after the period of 7 business days
6 has expired. The failure of a payor, on more than one
7 occasion, to pay amounts withheld to the obligee or public
8 office within 7 business days after the date the amount would
9 have been paid or credited to the obligor creates a
10 presumption that the payor knowingly failed to pay over the
11 amounts. This penalty may be collected in a civil action
12 which may be brought against the payor in favor of the
13 obligee or public office. A finding of a payor's
14 nonperformance within the time required under this Section
15 must be documented by a certified mail return receipt showing
16 the date the income order for withholding notice was served
17 on the payor. For purposes of this Section, a withheld amount
18 shall be considered paid by a payor on the date it is mailed
19 by the payor, or on the date an electronic funds transfer of
20 the amount has been initiated by the payor, or on the date
21 delivery of the amount has been initiated by the payor. For
22 each deduction, the payor shall provide the obligee or public
23 office, at the time of transmittal, with the date the amount
24 would (but for the duty to withhold income) have been paid or
25 credited to the obligor.
26 Upon receipt of an income withholding notice requiring
27 that a minor child be named as a beneficiary of a health
28 insurance plan available through an employer or labor union
29 or trade union, the employer or labor union or trade union
30 shall immediately enroll the minor child as a beneficiary in
31 the health insurance plan designated by the income
32 withholding notice. The employer shall withhold any required
33 premiums and pay over any amounts so withheld and any
34 additional amounts the employer pays to the insurance carrier
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1 in a timely manner. The employer or labor union or trade
2 union shall mail to the obligee, within 15 days of enrollment
3 or upon request, notice of the date of coverage, information
4 on the dependent coverage plan, and all forms necessary to
5 obtain reimbursement for covered health expenses, such as
6 would be made available to a new employee. When an order for
7 dependent coverage is in effect and the insurance coverage is
8 terminated or changed for any reason, the employer or labor
9 union or trade union shall notify the obligee within 10 days
10 of the termination or change date along with notice of
11 conversion privileges.
12 For withholding of income, the payor shall be entitled to
13 receive a fee not to exceed $5 per month to be taken from the
14 income to be paid to the obligor.
15 (2) Whenever the obligor is no longer receiving income
16 from the payor, the payor shall return a copy of the income
17 withholding notice to the obligee or public office and shall
18 provide information for the purpose of enforcing this
19 Section.
20 (3) Withholding of income under this Section shall be
21 made without regard to any prior or subsequent garnishments,
22 attachments, wage assignments, or any other claims of
23 creditors. Withholding of income under this Section shall
24 not be in excess of the maximum amounts permitted under the
25 federal Consumer Credit Protection Act. If the payor has been
26 served with more than one income withholding notice
27 pertaining to the same obligor, the payor shall allocate
28 income available for withholding on a proportionate share
29 basis, giving priority to current support payments. If there
30 is any income available for withholding after withholding for
31 all current support obligations, the payor shall allocate the
32 income to past due support payments ordered in cases in which
33 cash assistance under the Illinois Public Aid Code is not
34 being provided to the obligee and then to past due support
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1 payments ordered in cases in which cash assistance under the
2 Illinois Public Aid Code is being provided to the obligee,
3 both on a proportionate share basis. A payor who complies
4 with an income withholding notice that is regular on its face
5 shall not be subject to civil liability with respect to any
6 individual, any agency, or any creditor of the obligor for
7 conduct in compliance with the notice.
8 (4) No payor shall discharge, discipline, refuse to hire
9 or otherwise penalize any obligor because of the duty to
10 withhold income.
11 (F) Petitions to Contest Withholding or to Modify, Suspend,
12 Terminate, or Correct Income Withholding Notices.
13 (1) When an obligor files a petition to contest
14 withholding, the court, after due notice to all parties,
15 shall hear the matter as soon as practicable and shall enter
16 an order granting or denying relief, ordering service of an
17 amended income withholding notice, where applicable, or
18 otherwise resolving the matter.
19 The court shall deny the obligor's petition if the court
20 finds that when the income withholding notice was mailed,
21 sent by facsimile transmission or other electronic means, or
22 placed for personal delivery to or service on the payor:
23 (a) A delinquency existed; or
24 (b) The parties' written agreement providing an
25 alternative arrangement to immediate withholding under
26 paragraph (1) of subsection (B) no longer ensured payment
27 of support.
28 (2) At any time, an obligor, obligee, public office or
29 Clerk of the Circuit Court may petition the court to:
30 (a) modify, suspend or terminate the income
31 withholding notice because of a modification, suspension
32 or termination of the underlying order for support; or
33 (b) modify the amount of income to be withheld to
34 reflect payment in full or in part of the delinquency or
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1 arrearage by income withholding or otherwise; or
2 (c) suspend the income withholding notice because
3 of inability to deliver income withheld to the obligee
4 due to the obligee's failure to provide a mailing address
5 or other means of delivery.
6 (3) At any time an obligor may petition the court to
7 correct a term contained in an income withholding notice to
8 conform to that stated in the underlying order for support
9 for:
10 (a) The amount of current support;
11 (b) The amount of the arrearage;
12 (c) The periodic amount for payment of the
13 arrearage; or
14 (d) The periodic amount for payment of the
15 delinquency.
16 (4) The obligor, obligee or public office shall serve on
17 the payor, in the manner provided for service of income
18 withholding notices in paragraph (7) of subsection (B), a
19 copy of any order entered pursuant to this subsection that
20 affects the duties of the payor.
21 (5) At any time, a public office or Clerk of the Circuit
22 Court may serve a notice on the payor to:
23 (a) Cease withholding of income for payment of
24 current support for a child when the support obligation
25 for that child has automatically ceased under the order
26 for support through emancipation or otherwise; or
27 (b) Cease withholding of income for payment of
28 delinquency or arrearage when the delinquency or
29 arrearage has been paid in full.
30 (6) The notice provided for under paragraph (5) of this
31 subsection shall be served on the payor in the manner
32 provided for service of income withholding notices in
33 paragraph (7) of subsection (B), and a copy shall be provided
34 to the obligor and the obligee.
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1 (7) The income withholding notice shall continue to be
2 binding upon the payor until service of an amended income
3 withholding notice or any order of the court or notice
4 entered or provided for under this subsection.
5 (G) Additional Duties.
6 (1) An obligee who is receiving income withholding
7 payments under this Section shall notify the payor, if the
8 obligee receives the payments directly from the payor, or the
9 public office or the Clerk of the Circuit Court, as
10 appropriate, of any change of address within 7 days of such
11 change.
12 (2) An obligee who is a recipient of public aid shall
13 send a copy of any income withholding notice served by the
14 obligee to the Division of Child Support Enforcement of the
15 Illinois Department of Public Aid.
16 (3) Each obligor shall notify the obligee, the public
17 office, and the Clerk of the Circuit Court of any change of
18 address within 7 days.
19 (4) An obligor whose income is being withheld or who has
20 been served with a notice of delinquency pursuant to this
21 Section shall notify the obligee, the public office, and the
22 Clerk of the Circuit Court of any new payor, within 7 days.
23 (5) When the Illinois Department of Public Aid is no
24 longer authorized to receive payments for the obligee, it
25 shall, within 7 days, notify the payor or, where appropriate,
26 the Clerk of the Circuit Court, to redirect income
27 withholding payments to the obligee.
28 (6) The obligee or public office shall provide notice to
29 the payor and Clerk of the Circuit Court of any other support
30 payment made, including but not limited to, a set-off under
31 federal and State law or partial payment of the delinquency
32 or arrearage, or both.
33 (7) Any public office and Clerk of the Circuit Court
34 which collects, disburses or receives payments pursuant to
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1 income withholding notices shall maintain complete, accurate,
2 and clear records of all payments and their disbursements.
3 Certified copies of payment records maintained by a public
4 office or Clerk of the Circuit Court shall, without further
5 proof, be admitted into evidence in any legal proceedings
6 under this Section.
7 (8) The Illinois Department of Public Aid shall design
8 suggested legal forms for proceeding under this Section and
9 shall make available to the courts such forms and
10 informational materials which describe the procedures and
11 remedies set forth herein for distribution to all parties in
12 support actions.
13 (9) At the time of transmitting each support payment,
14 the clerk of the circuit court shall provide the obligee or
15 public office, as appropriate, with any information furnished
16 by the payor as to the date the amount would (but for the
17 duty to withhold income) have been paid or credited to the
18 obligor.
19 (H) Penalties.
20 (1) Where a payor wilfully fails to withhold or pay over
21 income pursuant to a properly served income withholding
22 notice, or wilfully discharges, disciplines, refuses to hire
23 or otherwise penalizes an obligor as prohibited by subsection
24 (E), or otherwise fails to comply with any duties imposed by
25 this Section, the obligee, public office or obligor, as
26 appropriate, may file a complaint with the court against the
27 payor. The clerk of the circuit court shall notify the
28 obligee or public office, as appropriate, and the obligor and
29 payor of the time and place of the hearing on the complaint.
30 The court shall resolve any factual dispute including, but
31 not limited to, a denial that the payor is paying or has paid
32 income to the obligor. Upon a finding in favor of the
33 complaining party, the court:
34 (a) shall enter judgment and order the enforcement
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1 thereof for the total amount that the payor wilfully
2 failed to withhold or pay over; and
3 (b) may order employment or reinstatement of or
4 restitution to the obligor, or both, where the obligor
5 has been discharged, disciplined, denied employment or
6 otherwise penalized by the payor and may impose a fine
7 upon the payor not to exceed $200.
8 (2) Any obligee, public office or obligor who wilfully
9 initiates a false proceeding under this Section or who
10 wilfully fails to comply with the requirements of this
11 Section shall be punished as in cases of contempt of court.
12 (I) Alternative Procedures for Service of an Income
13 Withholding Notice.
14 (1) The procedures of this subsection may be used in any
15 matter to serve an income withholding notice on a payor if:
16 (a) For any reason the most recent order for
17 support entered does not contain the income withholding
18 provisions required under subsection (B), irrespective of
19 whether a separate order for withholding was entered
20 prior to July 1, 1997; and
21 (b) The obligor has accrued a delinquency after
22 entry of the most recent order for support.
23 (2) The obligee or public office shall prepare and serve
24 the income withholding notice in accordance with the
25 provisions of subsection (C), except that the notice shall
26 contain a periodic amount for payment of the delinquency
27 equal to 20% of the total of the current support amount and
28 the amount to be paid periodically for payment of any
29 arrearage stated in the most recent order for support.
30 (3) If the obligor requests in writing that income
31 withholding become effective prior to the obligor accruing a
32 delinquency under the most recent order for support, the
33 obligee or public office may prepare and serve an income
34 withholding notice on the payor as provided in subsection
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1 (B). In addition to filing proofs of service of the income
2 withholding notice on the payor and the obligor, the obligee
3 or public office shall file a copy of the obligor's written
4 request for income withholding with the Clerk of the Circuit
5 Court.
6 (4) All other provisions of this Section shall be
7 applicable with respect to the provisions of this subsection
8 (I).
9 (J) Remedies in Addition to Other Laws.
10 (1) The rights, remedies, duties and penalties created
11 by this Section are in addition to and not in substitution
12 for any other rights, remedies, duties and penalties created
13 by any other law.
14 (2) Nothing in this Section shall be construed as
15 invalidating any assignment of wages or benefits executed
16 prior to July 1, 1985 or any order for withholding served
17 prior to July 1, 1997.
18 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
19 90-425, eff. 8-15-97; revised 9-29-97.)
20 Section 174. The Adoption Act is amended by changing
21 Sections 1, 10, and 20 as follows:
22 (750 ILCS 50/1) (from Ch. 40, par. 1501)
23 Sec. 1. Definitions. When used in this Act, unless the
24 context otherwise requires:
25 A. "Child" means a person under legal age subject to
26 adoption under this Act.
27 B. "Related child" means a child subject to adoption
28 where either or both of the adopting parents stands in any of
29 the following relationships to the child by blood or
30 marriage: parent, grand-parent, brother, sister, step-parent,
31 step-grandparent, step-brother, step-sister, uncle, aunt,
32 great-uncle, great-aunt, or cousin of first degree. A child
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1 whose parent has executed a final irrevocable consent to
2 adoption or a final irrevocable surrender for purposes of
3 adoption, or whose parent has had his or her parental rights
4 terminated, is not a related child to that person, unless the
5 consent is determined to be void or is void pursuant to
6 subsection O of Section 10.
7 C. "Agency" for the purpose of this Act means a public
8 child welfare agency or a licensed child welfare agency.
9 D. "Unfit person" means any person whom the court shall
10 find to be unfit to have a child, without regard to the
11 likelihood that the child will be placed for adoption. The
12 grounds of unfitness are any one or more of the following:
13 (a) Abandonment of the child.
14 (a-1) Abandonment of a newborn infant in a
15 hospital.
16 (a-2) Abandonment of a newborn infant in any
17 setting where the evidence suggests that the parent
18 intended to relinquish his or her parental rights.
19 (b) Failure to maintain a reasonable degree of
20 interest, concern or responsibility as to the child's
21 welfare.
22 (c) Desertion of the child for more than 3 months
23 next preceding the commencement of the Adoption
24 proceeding.
25 (d) Substantial neglect of the child if continuous
26 or repeated.
27 (d-1) Substantial neglect, if continuous or
28 repeated, of any child residing in the household which
29 resulted in the death of that child.
30 (e) Extreme or repeated cruelty to the child.
31 (f) Two or more findings of physical abuse to any
32 children under Section 4-8 of the Juvenile Court Act or
33 Section 2-21 of the Juvenile Court Act of 1987, the most
34 recent of which was determined by the juvenile court
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1 hearing the matter to be supported by clear and
2 convincing evidence; a criminal conviction or a finding
3 of not guilty by reason of insanity resulting from the
4 death of any child by physical child abuse; or a finding
5 of physical child abuse resulting from the death of any
6 child under Section 4-8 of the Juvenile Court Act or
7 Section 2-21 of the Juvenile Court Act of 1987.
8 (g) Failure to protect the child from conditions
9 within his environment injurious to the child's welfare.
10 (h) Other neglect of, or misconduct toward the
11 child; provided that in making a finding of unfitness the
12 court hearing the adoption proceeding shall not be bound
13 by any previous finding, order or judgment affecting or
14 determining the rights of the parents toward the child
15 sought to be adopted in any other proceeding except such
16 proceedings terminating parental rights as shall be had
17 under either this Act, the Juvenile Court Act or the
18 Juvenile Court Act of 1987.
19 (i) Depravity.
20 (j) Open and notorious adultery or fornication.
21 (j-1) Conviction of any one of the following crimes
22 shall create a presumption of unfitness that may be
23 overcome only by clear and convincing evidence: (1) first
24 degree murder in violation of paragraph 1 or 2 of
25 subsection (a) of Section 9-1 of the Criminal Code of
26 1961 or conviction of second degree murder in violation
27 of subsection (a) of Section 9-2 of the Criminal Code of
28 1961 of a parent of the child to be adopted; (2) a
29 criminal conviction of first degree murder or second
30 degree murder of any child in violation of the Criminal
31 Code of 1961; (3) a criminal conviction of attempt or
32 conspiracy to commit first degree murder or second degree
33 murder of any child in violation of the Criminal Code of
34 1961; (4) a criminal conviction of solicitation to commit
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1 murder of any child, solicitation to commit murder of any
2 child for hire, or solicitation to commit second degree
3 murder of any child in violation of the Criminal Code of
4 1961; (5) a criminal conviction of accountability for the
5 first or second degree murder of any child in violation
6 of the Criminal Code of 1961; or (6) a criminal
7 conviction of aggravated criminal sexual assault in
8 violation of Section 12-14(b)(1) of the Criminal Code of
9 1961.
10 (k) Habitual drunkenness or addiction to drugs,
11 other than those prescribed by a physician, for at least
12 one year immediately prior to the commencement of the
13 unfitness proceeding.
14 (l) Failure to demonstrate a reasonable degree of
15 interest, concern or responsibility as to the welfare of
16 a new born child during the first 30 days after its
17 birth.
18 (m) Failure by a parent to make reasonable efforts
19 to correct the conditions that were the basis for the
20 removal of the child from the parent, or to make
21 reasonable progress toward the return of the child to the
22 parent within 9 months after an adjudication of neglected
23 or abused minor under Section 2-3 of the Juvenile Court
24 Act of 1987 or dependent minor under Section 2-4 of that
25 Act. If a service plan has been established as required
26 under Section 8.2 of the Abused and Neglected Child
27 Reporting Act to correct the conditions that were the
28 basis for the removal of the child from the parent and if
29 those services were available, then, for purposes of this
30 Act, "failure to make reasonable progress toward the
31 return of the child to the parent" includes the parent's
32 failure to substantially fulfill his or her obligations
33 under the service plan and correct the conditions that
34 brought the child into care within 9 months after the
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1 adjudication under Section 2-3 or 2-4 of the Juvenile
2 Court Act of 1987.
3 (n) Evidence of intent to forego his or her
4 parental rights, whether or not the child is a ward of
5 the court, (1) as manifested by his or her failure for a
6 period of 12 months: (i) to visit the child, (ii) to
7 communicate with the child or agency, although able to do
8 so and not prevented from doing so by an agency or by
9 court order, or (iii) to maintain contact with or plan
10 for the future of the child, although physically able to
11 do so, or (2) as manifested by the father's failure,
12 where he and the mother of the child were unmarried to
13 each other at the time of the child's birth, (i) to
14 commence legal proceedings to establish his paternity
15 under the Illinois Parentage Act of 1984 or the law of
16 the jurisdiction of the child's birth within 30 days of
17 being informed, pursuant to Section 12a of this Act, that
18 he is the father or the likely father of the child or,
19 after being so informed where the child is not yet born,
20 within 30 days of the child's birth, or (ii) to make a
21 good faith effort to pay a reasonable amount of the
22 expenses related to the birth of the child and to provide
23 a reasonable amount for the financial support of the
24 child, the court to consider in its determination all
25 relevant circumstances, including the financial condition
26 of both parents; provided that the ground for termination
27 provided in this subparagraph (n)(2)(ii) shall only be
28 available where the petition is brought by the mother or
29 the husband of the mother.
30 Contact or communication by a parent with his or her
31 child that does not demonstrate affection and concern
32 does not constitute reasonable contact and planning under
33 subdivision (n). In the absence of evidence to the
34 contrary, the ability to visit, communicate, maintain
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1 contact, pay expenses and plan for the future shall be
2 presumed. The subjective intent of the parent, whether
3 expressed or otherwise, unsupported by evidence of the
4 foregoing parental acts manifesting that intent, shall
5 not preclude a determination that the parent has intended
6 to forego his or her parental rights. In making this
7 determination, the court may consider but shall not
8 require a showing of diligent efforts by an authorized
9 agency to encourage the parent to perform the acts
10 specified in subdivision (n).
11 It shall be an affirmative defense to any allegation
12 under paragraph (2) of this subsection that the father's
13 failure was due to circumstances beyond his control or to
14 impediments created by the mother or any other person
15 having legal custody. Proof of that fact need only be by
16 a preponderance of the evidence.
17 (o) Repeated or continuous failure by the parents,
18 although physically and financially able, to provide the
19 child with adequate food, clothing, or shelter.
20 (p) Inability to discharge parental
21 responsibilities supported by competent evidence from a
22 psychiatrist, licensed clinical social worker, or
23 clinical psychologist of mental impairment, mental
24 illness or mental retardation as defined in Section 1-116
25 of the Mental Health and Developmental Disabilities Code,
26 or developmental disability as defined in Section 1-106
27 of that Code, and there is sufficient justification to
28 believe that the inability to discharge parental
29 responsibilities shall extend beyond a reasonable time
30 period. However, this subdivision (p) shall not be
31 construed so as to permit a licensed clinical social
32 worker to conduct any medical diagnosis to determine
33 mental illness or mental impairment.
34 (q) A finding of physical abuse of the child under
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1 Section 4-8 of the Juvenile Court Act or Section 2-21 of
2 the Juvenile Court Act of 1987 and a criminal conviction
3 of aggravated battery of the child.
4 (r) The child is in the temporary custody or
5 guardianship of the Department of Children and Family
6 Services, the parent is incarcerated as a result of
7 criminal conviction at the time the petition or motion
8 for termination of parental rights is filed, prior to
9 incarceration the parent had little or no contact with
10 the child or provided little or no support for the child,
11 and the parent's incarceration will prevent the parent
12 from discharging his or her parental responsibilities for
13 the child for a period in excess of 2 years after the
14 filing of the petition or motion for termination of
15 parental rights.
16 (s) The child is in the temporary custody or
17 guardianship of the Department of Children and Family
18 Services, the parent is incarcerated at the time the
19 petition or motion for termination of parental rights is
20 filed, the parent has been repeatedly incarcerated as a
21 result of criminal convictions, and the parent's repeated
22 incarceration has prevented the parent from discharging
23 his or her parental responsibilities for the child.
24 (t) (r) A finding that at birth the child's blood,
25 or urine, or meconium contained any amount of a
26 controlled substance as defined in subsection (f) of
27 Section 102 of the Illinois Controlled Substances Act, or
28 a metabolite of a controlled substance, with the
29 exception of controlled substances or metabolites of such
30 substances, the presence of which in the newborn infant
31 was the result of medical treatment administered to the
32 mother or the newborn infant, and that the biological
33 mother of this child is the biological mother of at least
34 one other child who was adjudicated a neglected minor
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1 under subsection (c) of Section 2-3 of the Juvenile Court
2 Act of 1987, after which the biological mother had the
3 opportunity to enroll in and participate in a clinically
4 appropriate substance abuse drug counseling, treatment,
5 and rehabilitation program.
6 E. "Parent" means the father or mother of a legitimate
7 or illegitimate child. For the purpose of this Act, a person
8 who has executed a final and irrevocable consent to adoption
9 or a final and irrevocable surrender for purposes of
10 adoption, or whose parental rights have been terminated by a
11 court, is not a parent of the child who was the subject of
12 the consent or surrender, unless the consent is void pursuant
13 to subsection O of Section 10.
14 F. A person is available for adoption when the person
15 is:
16 (a) a child who has been surrendered for adoption
17 to an agency and to whose adoption the agency has
18 thereafter consented;
19 (b) a child to whose adoption a person authorized
20 by law, other than his parents, has consented, or to
21 whose adoption no consent is required pursuant to Section
22 8 of this Act;
23 (c) a child who is in the custody of persons who
24 intend to adopt him through placement made by his
25 parents;
26 (c-1) a child for whom a parent has signed a
27 specific consent pursuant to subsection O of Section 10;
28 or
29 (d) an adult who meets the conditions set forth in
30 Section 3 of this Act.
31 A person who would otherwise be available for adoption
32 shall not be deemed unavailable for adoption solely by reason
33 of his or her death.
34 G. The singular includes the plural and the plural
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1 includes the singular and the "male" includes the "female",
2 as the context of this Act may require.
3 H. "Adoption disruption" occurs when an adoptive
4 placement does not prove successful and it becomes necessary
5 for the child to be removed from placement before the
6 adoption is finalized.
7 I. "Foreign placing agency" is an agency or individual
8 operating in a country or territory outside the United States
9 that is authorized by its country to place children for
10 adoption either directly with families in the United States
11 or through United States based international agencies.
12 J. "Immediate relatives" means the biological parents,
13 the parents of the biological parents and siblings of the
14 biological parents.
15 K. "Intercountry adoption" is a process by which a child
16 from a country other than the United States is adopted.
17 L. "Intercountry Adoption Coordinator" is a staff person
18 of the Department of Children and Family Services appointed
19 by the Director to coordinate the provision of services by
20 the public and private sector to prospective parents of
21 foreign-born children.
22 M. "Interstate Compact on the Placement of Children" is
23 a law enacted by most states for the purpose of establishing
24 uniform procedures for handling the interstate placement of
25 children in foster homes, adoptive homes, or other child care
26 facilities.
27 N. "Non-Compact state" means a state that has not
28 enacted the Interstate Compact on the Placement of Children.
29 O. "Preadoption requirements" are any conditions
30 established by the laws or regulations of the Federal
31 Government or of each state that must be met prior to the
32 placement of a child in an adoptive home.
33 P. "Abused child" means a child whose parent or
34 immediate family member, or any person responsible for the
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1 child's welfare, or any individual residing in the same home
2 as the child, or a paramour of the child's parent:
3 (a) inflicts, causes to be inflicted, or allows to
4 be inflicted upon the child physical injury, by other
5 than accidental means, that causes death, disfigurement,
6 impairment of physical or emotional health, or loss or
7 impairment of any bodily function;
8 (b) creates a substantial risk of physical injury
9 to the child by other than accidental means which would
10 be likely to cause death, disfigurement, impairment of
11 physical or emotional health, or loss or impairment of
12 any bodily function;
13 (c) commits or allows to be committed any sex
14 offense against the child, as sex offenses are defined in
15 the Criminal Code of 1961 and extending those definitions
16 of sex offenses to include children under 18 years of
17 age;
18 (d) commits or allows to be committed an act or
19 acts of torture upon the child; or
20 (e) inflicts excessive corporal punishment.
21 Q. "Neglected child" means any child whose parent or
22 other person responsible for the child's welfare withholds or
23 denies nourishment or medically indicated treatment including
24 food or care denied solely on the basis of the present or
25 anticipated mental or physical impairment as determined by a
26 physician acting alone or in consultation with other
27 physicians or otherwise does not provide the proper or
28 necessary support, education as required by law, or medical
29 or other remedial care recognized under State law as
30 necessary for a child's well-being, or other care necessary
31 for his or her well-being, including adequate food, clothing
32 and shelter; or who is abandoned by his or her parents or
33 other person responsible for the child's welfare.
34 A child shall not be considered neglected or abused for
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1 the sole reason that the child's parent or other person
2 responsible for his or her welfare depends upon spiritual
3 means through prayer alone for the treatment or cure of
4 disease or remedial care as provided under Section 4 of the
5 Abused and Neglected Child Reporting Act.
6 R. "Putative father" means a man who may be a child's
7 father, but who (1) is not married to the child's mother on
8 or before the date that the child was or is to be born and
9 (2) has not established paternity of the child in a court
10 proceeding before the filing of a petition for the adoption
11 of the child. The term includes a male who is less than 18
12 years of age. "Putative father" does not mean a man who is
13 the child's father as a result of criminal sexual abuse or
14 assault as defined under Article 12 of the Criminal Code of
15 1961.
16 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
17 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
18 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
19 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
20 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
21 (750 ILCS 50/10) (from Ch. 40, par. 1512)
22 Sec. 10. Forms of consent and surrender; execution and
23 acknowledgment thereof.)
24 A. The form of consent required for the adoption of a
25 born child shall be substantially as follows:
26 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
27 I, ...., (relationship, e.g., mother, father, relative,
28 guardian) of ...., a ..male child, state:
29 That such child was born on .... at ....
30 That I reside at ...., County of .... and State of ....
31 That I am of the age of .... years.
32 That I hereby enter my appearance in this proceeding and
33 waive service of summons on me.
HB1268 Enrolled -1335- LRB9000999EGfg
1 That I do hereby consent and agree to the adoption of
2 such child.
3 That I wish to and understand that by signing this
4 consent I do irrevocably and permanently give up all custody
5 and other parental rights I have to such child.
6 That I understand such child will be placed for adoption
7 and that I cannot under any circumstances, after signing this
8 document, change my mind and revoke or cancel this consent or
9 obtain or recover custody or any other rights over such
10 child. That I have read and understand the above and I am
11 signing it as my free and voluntary act.
12 Dated this .... day of ...., 19....
13 If under Section 8 the consent of more than one person is
14 required, then each such person shall execute a separate
15 consent.
16 B. The form of consent required for the adoption of an
17 unborn child shall be substantially as follows:
18 CONSENT TO ADOPTION OF UNBORN CHILD
19 I, ...., state:
20 That I am the father of a child expected to be born on or
21 about .... to .... (name of mother).
22 That I reside at .... County of ...., and State of .....
23 That I am of the age of .... years.
24 That I hereby enter my appearance in such adoption
25 proceeding and waive service of summons on me.
26 That I do hereby consent and agree to the adoption of
27 such child, and that I have not previously executed a consent
28 or surrender with respect to such child.
29 That I wish to and do understand that by signing this
30 consent I do irrevocably and permanently give up all custody
31 and other parental rights I have to such child, except that I
32 have the right to revoke this consent by giving written
33 notice of my revocation not later than 72 hours after the
34 birth of the child.
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1 That I understand such child will be placed for adoption
2 and that, except as hereinabove provided, I cannot under any
3 circumstances, after signing this document, change my mind
4 and revoke or cancel this consent or obtain or recover
5 custody or any other rights over such child.
6 That I have read and understand the above and I am
7 signing it as my free and voluntary act.
8 Dated this .... day of ...., 19...
9 ........................
10 C. The form of surrender to any agency given by a parent
11 of a born child who is to be subsequently placed for adoption
12 shall be substantially as follows and shall contain such
13 other facts and statements as the particular agency shall
14 require.
15 FINAL AND IRREVOCABLE SURRENDER
16 FOR PURPOSES OF ADOPTION
17 I, .... (relationship, e.g., mother, father, relative,
18 guardian) of ...., a ..male child, state:
19 That such child was born on ...., at .....
20 That I reside at ...., County of ...., and State of .....
21 That I am of the age of .... years.
22 That I do hereby surrender and entrust the entire custody
23 and control of such child to the .... (the "Agency"), a
24 (public) (licensed) child welfare agency with its principal
25 office in the City of ...., County of .... and State of ....,
26 for the purpose of enabling it to care for and supervise the
27 care of such child, to place such child for adoption and to
28 consent to the legal adoption of such child.
29 That I hereby grant to the Agency full power and
30 authority to place such child with any person or persons it
31 may in its sole discretion select to become the adopting
32 parent or parents and to consent to the legal adoption of
33 such child by such person or persons; and to take any and all
34 measures which, in the judgment of the Agency, may be for the
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1 best interests of such child, including authorizing medical,
2 surgical and dental care and treatment including inoculation
3 and anaesthesia for such child.
4 That I wish to and understand that by signing this
5 surrender I do irrevocably and permanently give up all
6 custody and other parental rights I have to such child.
7 That I understand I cannot under any circumstances, after
8 signing this surrender, change my mind and revoke or cancel
9 this surrender or obtain or recover custody or any other
10 rights over such child.
11 That I have read and understand the above and I am
12 signing it as my free and voluntary act.
13 Dated this .... day of ...., 19...
14 ........................
15 D. The form of surrender to an agency given by a parent
16 of an unborn child who is to be subsequently placed for
17 adoption shall be substantially as follows and shall contain
18 such other facts and statements as the particular agency
19 shall require.
20 SURRENDER OF UNBORN CHILD FOR
21 PURPOSES OF ADOPTION
22 I, .... (father), state:
23 That I am the father of a child expected to be born on or
24 about .... to .... (name of mother).
25 That I reside at ...., County of ...., and State of .....
26 That I am of the age of .... years.
27 That I do hereby surrender and entrust the entire custody
28 and control of such child to the .... (the "Agency"), a
29 (public) (licensed) child welfare agency with its principal
30 office in the City of ...., County of .... and State of
31 ...., for the purpose of enabling it to care for and
32 supervise the care of such child, to place such child for
33 adoption and to consent to the legal adoption of such child,
34 and that I have not previously executed a consent or
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1 surrender with respect to such child.
2 That I hereby grant to the Agency full power and
3 authority to place such child with any person or persons it
4 may in its sole discretion select to become the adopting
5 parent or parents and to consent to the legal adoption of
6 such child by such person or persons; and to take any and all
7 measures which, in the judgment of the Agency, may be for the
8 best interests of such child, including authorizing medical,
9 surgical and dental care and treatment, including inoculation
10 and anaesthesia for such child.
11 That I wish to and understand that by signing this
12 surrender I do irrevocably and permanently give up all
13 custody and other parental rights I have to such child.
14 That I understand I cannot under any circumstances, after
15 signing this surrender, change my mind and revoke or cancel
16 this surrender or obtain or recover custody or any other
17 rights over such child, except that I have the right to
18 revoke this surrender by giving written notice of my
19 revocation not later than 72 hours after the birth of such
20 child.
21 That I have read and understand the above and I am
22 signing it as my free and voluntary act.
23 Dated this .... day of ...., 19...
24 ........................
25 E. The form of consent required from the parents for the
26 adoption of an adult, when such adult elects to obtain such
27 consent, shall be substantially as follows:
28 CONSENT
29 I, ...., (father) (mother) of ...., an adult, state:
30 That I reside at ...., County of .... and State of .....
31 That I do hereby consent and agree to the adoption of
32 such adult by .... and .....
33 Dated this .... day of .......... 19
34 F. The form of consent required for the adoption of a
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1 child of the age of 14 years or upwards, or of an adult, to
2 be given by such person, shall be substantially as follows:
3 CONSENT
4 I, ...., state:
5 That I reside at ...., County of .... and State of .....
6 That I am of the age of .... years. That I consent and
7 agree to my adoption by .... and .....
8 Dated this .... day of ......., 19...
9 ........................
10 G. The form of consent given by an agency to the
11 adoption by specified persons of a child previously
12 surrendered to it shall set forth that the agency has the
13 authority to execute such consent. The form of consent given
14 by a guardian of the person of a child sought to be adopted,
15 appointed by a court of competent jurisdiction, shall set
16 forth the facts of such appointment and the authority of the
17 guardian to execute such consent.
18 H. A consent (other than that given by an agency, or
19 guardian of the person of the child sought to be adopted
20 appointed by a court of competent jurisdiction) shall be
21 acknowledged by a parent before the presiding judge of the
22 court in which the petition for adoption has been, or is to
23 be filed or before any other judge designated or subsequently
24 approved by the court, or the circuit clerk if so authorized
25 by the presiding judge or, except as otherwise provided in
26 this Act, before a representative of the Department of
27 Children and Family Services or a licensed child welfare
28 agency, or before social service personnel under the
29 jurisdiction of a court of competent jurisdiction, or before
30 social service personnel of the Cook County Department of
31 Supportive Services designated by the presiding judge.
32 I. A surrender, or any other document equivalent to a
33 surrender, by which a child is surrendered to an agency shall
34 be acknowledged by the person signing such surrender, or
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1 other document, before a judge or the clerk of any court of
2 record, either in this State or any other state of the United
3 States, or before a representative of an agency or before any
4 other person designated or approved by the presiding judge of
5 the court in which the petition for adoption has been, or is
6 to be, filed.
7 J. The form of the certificate of acknowledgment for a
8 consent, a surrender, or any other document equivalent to a
9 surrender, shall be substantially as follows:
10 STATE OF ....)
11 ) SS.
12 COUNTY OF ...)
13 I, .... (Name of judge or other person), .... (official
14 title, name and location of court or status or position of
15 other person), certify that ...., personally known to me to
16 be the same person whose name is subscribed to the foregoing
17 (consent) (surrender), appeared before me this day in person
18 and acknowledged that (she) (he) signed and delivered such
19 (consent) (surrender) as (her) (his) free and voluntary act,
20 for the specified purpose.
21 I have fully explained that by signing such (consent)
22 (surrender) (she) (he) is irrevocably relinquishing all
23 parental rights to such child or adult and (she) (he) has
24 stated that such is (her) (his) intention and desire.
25 Dated 19
26 Signature
27 K. When the execution of a consent or a surrender is
28 acknowledged before someone other than a judge or the clerk
29 of a court of record, such other person shall have his
30 signature on the certificate acknowledged before a notary
31 public, in form substantially as follows:
32 STATE OF ....)
33 ) SS.
34 COUNTY OF ...)
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1 I, a Notary Public, in and for the County of ......, in
2 the State of ......, certify that ...., personally known to
3 me to be the same person whose name is subscribed to the
4 foregoing certificate of acknowledgment, appeared before me
5 in person and acknowledged that (she) (he) signed such
6 certificate as (her) (his) free and voluntary act and that
7 the statements made in the certificate are true.
8 Dated ......... 19...
9 Signature ...................... Notary Public
10 (official seal)
11 There shall be attached a certificate of magistracy, or
12 other comparable proof of office of the notary public
13 satisfactory to the court, to a consent signed and
14 acknowledged in another state.
15 L. A surrender or consent executed and acknowledged
16 outside of this State, either in accordance with the law of
17 this State or in accordance with the law of the place where
18 executed, is valid.
19 M. Where a consent or a surrender is signed in a foreign
20 country, the execution of such consent shall be acknowledged
21 or affirmed in a manner conformable to the law and procedure
22 of such country.
23 N. If the person signing a consent or surrender is in
24 the military service of the United States, the execution of
25 such consent or surrender may be acknowledged before a
26 commissioned officer and the signature of such officer on
27 such certificate shall be verified or acknowledged before a
28 notary public or by such other procedure as is then in effect
29 for such division or branch of the armed forces.
30 O. (1) The parent or parents of a child in whose
31 interests a petition under Section 2-13 of the Juvenile Court
32 Act of 1987 is pending may, with the approval of the
33 designated representative of the Department of Children and
34 Family Services, execute a consent to adoption by a specified
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1 person or persons:
2 (a) in whose physical custody the child has resided
3 for at least one year; or
4 (b) in whose physical custody at least one sibling
5 of the child who is the subject of this consent has
6 resided for at least one year, and the child who is the
7 subject of this consent is currently residing in this
8 foster home; or
9 (c) in whose physical custody a child under one
10 year of age has resided for at least 3 months.
11 A consent under this subsection O shall be acknowledged by a
12 parent pursuant to subsection H and subsection K of this
13 Section.
14 (2) The consent to adoption by a specified person or
15 persons shall have the caption of the proceeding in which it
16 is to be filed and shall be substantially as follows:
17 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
18 A SPECIFIED PERSON OR PERSONS
19 I, ......................................, the
20 .................. (mother or father) of a ....male child,
21 state:
22 1. My child ............................ (name of
23 child) was born on (date) ............, ...... at
24 .................... Hospital in ................ County,
25 State of .............. .
26 2. I reside at ......................, County of
27 ............. and State of ............. .
28 3. I, ..........................., am .... years
29 old.
30 4. I enter my appearance in this action to adopt my
31 child by the person or persons specified herein by me and
32 waive service of summons on me in this action only.
33 5. I consent to the adoption of my child by
34 ............................. (specified person or
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1 persons) only.
2 6. I wish to sign this consent and I understand
3 that by signing this consent I irrevocably and
4 permanently give up all parental rights I have to my
5 child if my child is adopted by
6 ............................. (specified person or
7 persons).
8 7. I understand my child will be adopted by
9 ............................. (specified person or
10 persons) only and that I cannot under any circumstances,
11 after signing this document, change my mind and revoke or
12 cancel this consent or obtain or recover custody or any
13 other rights over my child if
14 ............................ (specified person or
15 persons) adopt my child.
16 8. I understand that this consent to adoption is
17 valid only if the petition to adopt is filed within one
18 year from the date that I sign it and that if
19 ....................... (specified person or persons),
20 for any reason, cannot or will not file a petition to
21 adopt my child within that one year period or if their
22 adoption petition is denied, then this consent will be
23 void. I have the right to notice of any other proceeding
24 that could affect my parental rights, except for the
25 proceeding for ............. (specified person or
26 persons) to adopt my child.
27 9. I have read and understand the above and I am
28 signing it as my free and voluntary act.
29 Dated this ..... day of ....., .......
30 .............................................
31 Signature of parent
32 (3) If the parent consents to an adoption by 2 specified
33 persons, then the form shall contain 2 additional paragraphs
34 in substantially the following form:
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1 10. If ............... (specified persons) get a
2 divorce before the petition to adopt my child is granted,
3 then .......... (specified person) shall adopt my child.
4 I understand that I cannot change my mind and revoke this
5 consent or obtain or recover custody over my child if
6 ............. (specified persons) divorce and
7 ............. (specified person) adopts my child. I
8 understand that I cannot change my mind and revoke this
9 consent or obtain or recover custody over my child if
10 ................. (specified persons) divorce after the
11 adoption is final. I understand that this consent to
12 adoption has no effect on who will get custody of my
13 child if they divorce after the adoption is final.
14 11. I understand that if either ...............
15 (specified persons) dies before the petition to adopt my
16 child is granted, then the surviving person can adopt my
17 child. I understand that I cannot change my mind and
18 revoke this consent or obtain or recover custody over my
19 child if the surviving person adopts my child.
20 A consent to adoption by specified persons on this form
21 shall have no effect on a court's determination of custody or
22 visitation under the Illinois Marriage and Dissolution of
23 Marriage Act if the marriage of the specified persons is
24 dissolved after the adoption is final.
25 (4) The form of the certificate of acknowledgement for a
26 Final and Irrevocable Consent for Adoption by a Specified
27 Person or Persons shall be substantially as follows:
28 STATE OF..............)
29 ) SS.
30 COUNTY OF.............)
31 I, .................... (Name of Judge or other person),
32 ..................... (official title, name, and address),
33 certify that ............., personally known to me to be the
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1 same person whose name is subscribed to the foregoing Final
2 and Irrevocable Consent for Adoption by a Specified Person or
3 Persons, appeared before me this day in person and
4 acknowledged that (she)(he) signed and delivered the consent
5 as (her)(his) free and voluntary act, for the specified
6 purpose.
7 I have fully explained that this consent to adoption is
8 valid only if the petition to adopt is filed within one year
9 from the date that it is signed, and that if the specified
10 person or persons, for any reason, cannot or will not adopt
11 the child or if the adoption petition is denied, then this
12 consent will be void. I have fully explained that if the
13 specified person or persons adopt the child, by signing this
14 consent (she)(he) is irrevocably and permanently
15 relinquishing all parental rights to the child, and (she)(he)
16 has stated that such is (her)(his) intention and desire.
17 Dated ............., ........
18 ...............................
19 Signature
20 (5) If a consent to adoption by a specified person or
21 persons is executed in this form, the following provisions
22 shall apply. The consent shall be valid only if that
23 specified person or persons adopt the child. The consent
24 shall be void if:
25 (a) the specified person or persons do not file a
26 petition to adopt the child within one year after the
27 consent is signed; or
28 (b) a court denies the adoption petition; or
29 (c) the Department of Children and Family Services
30 Guardianship Administrator determines that the specified
31 person or persons will not or cannot complete the
32 adoption, or in the best interests of the child should
33 not adopt the child.
34 Within 30 days of the consent becoming void, the
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1 Department of Children and Family Services Guardianship
2 Administrator shall make good faith attempts to notify the
3 parent in writing and shall give written notice to the court
4 and all additional parties in writing that the adoption has
5 not occurred or will not occur and that the consent is void.
6 If the adoption by a specified person or persons does not
7 occur, no proceeding for termination of parental rights shall
8 be brought unless the biological parent who executed the
9 consent to adoption by a specified person or persons has been
10 notified of the proceeding pursuant to Section 7 of this Act
11 or subsection (4) of Section 2-13 of the Juvenile Court Act
12 of 1987. The parent shall not need to take further action to
13 revoke the consent if the specified adoption does not occur,
14 notwithstanding the provisions of Section 11 of this Act.
15 (6) The Department of Children and Family Services is
16 authorized to promulgate rules necessary to implement this
17 subsection O.
18 (7) The Department shall collect and maintain data
19 concerning the efficacy of specific consents. This data
20 shall include the number of specific consents executed and
21 their outcomes, including but not limited to the number of
22 children adopted pursuant to the consents, the number of
23 children for whom adoptions are not completed, and the reason
24 or reasons why the adoptions are not completed.
25 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
26 P.A. 90-443); revised 12-18-97.)
27 (750 ILCS 50/20) (from Ch. 40, par. 1524)
28 Sec. 20. Practice. The provisions of the Civil Practice
29 Law and all existing and future amendments of that Law and
30 the Supreme Court Rules now or hereafter adopted in relation
31 to that Law shall apply to all adoption proceedings except as
32 otherwise specifically provided in this Act.
33 Proceedings under this Act shall receive priority over
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1 other civil cases in being set for hearing.
2 No matters not germane to the distinctive purpose of a
3 proceeding under this Act shall be introduced by joinder,
4 counterclaim or otherwise.
5 An appeal from a judgment order for adoption or other
6 appealable orders under this Act shall be prosecuted and
7 heard on an expedited basis, unless good cause for doing
8 otherwise is shown.
9 In the event a judgment order for adoption is vacated or
10 a petition for adoption is denied, the court shall promptly
11 conduct a hearing as to the temporary and permanent custody
12 of the minor child who is the subject of the proceedings
13 pursuant to Part VI of the Illinois Marriage and Dissolution
14 of Marriage Act. The parties to said proceedings shall be
15 the petitioners to the adoption proceedings, the minor child,
16 any biological parents whose parental rights have not been
17 terminated, and other parties who have been granted leave to
18 intervene in the proceedings.
19 This Act shall be liberally construed, and the rule that
20 statutes in derogation of the common law must be strictly
21 construed shall not apply to this Act.
22 All defects in pleadings, either in form or substance,
23 not objected to 45 prior to the entry of final judgment,
24 shall be deemed to be waived.
25 As to persons over whom the court had jurisdiction or
26 persons claiming under them, it shall be no basis for attack
27 as to the validity of an adoption judgment that the court
28 lacked jurisdiction over some other person or persons over
29 whom it should have had jurisdiction. If, upon attack by a
30 person or persons over whom the court lacked jurisdiction, or
31 persons claiming under them, an adoption judgment is set
32 aside, it shall be set aside only insofar as it affects such
33 person or persons.
34 The provisions of this Section shall apply to all cases
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1 pending on or after July 3, 1994.
2 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
3 revised 12-18-97.)
4 Section 175. The Probate Act of 1975 is amended by
5 changing Section 9-3 as follows:
6 (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
7 Sec. 9-3. Persons entitled to preference in obtaining
8 letters. The following persons are entitled to preference in
9 the following order in obtaining the issuance of letters of
10 administration and of administration with the will annexed:
11 (a) The surviving spouse or any person nominated by the
12 surviving spouse.
13 (b) The legatees or any person nominated by them, with
14 preference to legatees who are children.
15 (c) The children or any person nominated by them.
16 (d) The grandchildren or any person nominated by them.
17 (e) The parents or any person nominated by them.
18 (f) The brothers and sisters or any person nominated by
19 them.
20 (g) The nearest kindred or any person nominated by them.
21 (h) The representative of the estate of a deceased ward.
22 (i) The Public Administrator.
23 (j) A creditor of the estate.
24 Only a person qualified to act as administrator under
25 this Act may nominate, except that the guardian of the
26 estate, if any, otherwise the guardian of the person, of a
27 person who is not qualified to act as administrator solely
28 because of minority or legal disability may nominate on
29 behalf of the minor or disabled person in accordance with the
30 order of preference set forth in this Section. A person who
31 has been removed as representative under this Act loses his
32 or her the right to name his or her a successor.
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1 When several persons are claiming and are equally
2 entitled to administer or to nominate an administrator, the
3 court may grant letters to one or more of them or to the
4 nominee of one or more of them.
5 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
6 revised 10-20-97.)
7 Section 176. The Health Care Surrogate Act is amended by
8 changing Section 10 as follows:
9 (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
10 Sec. 10. Definitions.
11 "Adult" means a person who is (i) 18 years of age or
12 older or (ii) an emancipated minor under the Emancipation of
13 Mature Minors Act.
14 "Artificial nutrition and hydration" means supplying food
15 and water through a conduit, such as a tube or intravenous
16 line, where the recipient is not required to chew or swallow
17 voluntarily, including, but not limited to, nasogastric
18 tubes, gastrostomies, jejunostomies, and intravenous
19 infusions. Artificial nutrition and hydration does not
20 include assisted feeding, such as spoon or bottle feeding.
21 "Available" means that a person is not "unavailable". A
22 person is unavailable if (i) the person's existence is not
23 known, (ii) the person has not been able to be contacted by
24 telephone or mail, or (iii) the person lacks decisional
25 capacity, refuses to accept the office of surrogate, or is
26 unwilling to respond in a manner that indicates a choice
27 among the treatment matters at issue.
28 "Attending physician" means the physician selected by or
29 assigned to the patient who has primary responsibility for
30 treatment and care of the patient and who is a licensed
31 physician in Illinois. If more than one physician shares
32 that responsibility, any of those physicians may act as the
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1 attending physician under this Act.
2 "Close friend" means any person 18 years of age or older
3 who has exhibited special care and concern for the patient
4 and who presents an affidavit to the attending physician
5 stating that he or she (i) is a close friend of the patient,
6 (ii) is willing and able to become involved in the patient's
7 health care, and (iii) has maintained such regular contact
8 with the patient as to be familiar with the patient's
9 activities, health, and religious and moral beliefs. The
10 affidavit must also state facts and circumstances that
11 demonstrate that familiarity.
12 "Death" means when, according to accepted medical
13 standards, there is (i) an irreversible cessation of
14 circulatory and respiratory functions or (ii) an irreversible
15 cessation of all functions of the entire brain, including the
16 brain stem.
17 "Decisional capacity" means the ability to understand and
18 appreciate the nature and consequences of a decision
19 regarding medical treatment or forgoing life-sustaining
20 treatment and the ability to reach and communicate an
21 informed decision in the matter as determined by the
22 attending physician.
23 "Forgo life-sustaining treatment" means to withhold,
24 withdraw, or terminate all or any portion of life-sustaining
25 treatment with knowledge that the patient's death is likely
26 to result.
27 "Guardian" means a court appointed guardian of the person
28 who serves as a representative of a minor or as a
29 representative of a person under legal disability.
30 "Health care facility" means a type of health care
31 provider commonly known by a wide variety of titles,
32 including but not limited to, hospitals, medical centers,
33 nursing homes, rehabilitation centers, long term or tertiary
34 care facilities, and other facilities established to
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1 administer health care and provide overnight stays in their
2 ordinary course of business or practice.
3 "Health care provider" means a person that is licensed,
4 certified, or otherwise authorized or permitted by the law of
5 this State to administer health care in the ordinary course
6 of business or practice of a profession, including, but not
7 limited to, physicians, nurses, health care facilities, and
8 any employee, officer, director, agent, or person under
9 contract with such a person.
10 "Imminent" (as in "death is imminent") means a
11 determination made by the attending physician according to
12 accepted medical standards that death will occur in a
13 relatively short period of time, even if life-sustaining
14 treatment is initiated or continued.
15 "Life-sustaining treatment" means any medical treatment,
16 procedure, or intervention that, in the judgment of the
17 attending physician, when applied to a patient with a
18 qualifying condition, would not be effective to remove the
19 qualifying condition or would serve only to prolong the dying
20 process. Those procedures can include, but are not limited
21 to, assisted ventilation, renal dialysis, surgical
22 procedures, blood transfusions, and the administration of
23 drugs, antibiotics, and artificial nutrition and hydration.
24 "Minor" means an individual who is not an adult as
25 defined in this Act.
26 "Parent" means a person who is the natural or adoptive
27 mother or father of the child and whose parental rights have
28 not been terminated by a court of law.
29 "Patient" means an adult or minor individual, unless
30 otherwise specified, under the care or treatment of a
31 licensed physician or other health care provider.
32 "Person" means an individual, a corporation, a business
33 trust, a trust, a partnership, an association, a government,
34 a governmental subdivision or agency, or any other legal
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1 entity.
2 "Qualifying condition" means the existence of one or more
3 of the following conditions in a patient certified in writing
4 in the patient's medical record by the attending physician
5 and by at least one other qualified physician:
6 (1) "Terminal condition" means an illness or injury
7 for which there is no reasonable prospect of cure or
8 recovery, death is imminent, and the application of
9 life-sustaining treatment would only prolong the dying
10 process.
11 (2) "Permanent unconsciousness" means a condition
12 that, to a high degree of medical certainty, (i) will
13 last permanently, without improvement, (ii) in which
14 thought, sensation, purposeful action, social
15 interaction, and awareness of self and environment are
16 absent, and (iii) for which initiating or continuing
17 life-sustaining treatment, in light of the patient's
18 medical condition, provides only minimal medical benefit.
19 (3) "Incurable or irreversible condition" means an
20 illness or injury (i) for which there is no reasonable
21 prospect of cure or recovery, (ii) that ultimately will
22 cause the patient's death even if life-sustaining
23 treatment is initiated or continued, (iii) that imposes
24 severe pain or otherwise imposes an inhumane burden on
25 the patient, and (iv) for which initiating or continuing
26 life-sustaining treatment, in light of the patient's
27 medical condition, provides only minimal medical benefit.
28 The determination that a patient has a qualifying
29 condition creates no presumption regarding the application or
30 non-application of life-sustaining treatment. It is only
31 after a determination by the attending physician that the
32 patient has a qualifying condition that the surrogate
33 decision maker may consider whether or not to forgo
34 life-sustaining treatment. In making this decision, the
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1 surrogate shall weigh the burdens on the patient of
2 initiating or continuing life-sustaining treatment against
3 the benefits of that treatment.
4 "Qualified physician" means a physician licensed to
5 practice medicine in all of its branches in Illinois who has
6 personally examined the patient.
7 "Surrogate decision maker" means an adult individual or
8 individuals who (i) have decisional capacity, (ii) are
9 available upon reasonable inquiry, (iii) are willing to make
10 medical treatment decisions on behalf of a patient who lacks
11 decisional capacity, and (iv) are identified by the attending
12 physician in accordance with the provisions of this Act as
13 the person or persons who are to make those decisions in
14 accordance with the provisions of this Act.
15 (Source: P.A. 90-246, eff. 1-1-98; 90-538, eff. 12-1-97;
16 revised 1-6-98.)
17 Section 177. The Mental Health Treatment Preference
18 Declaration Act is amended by changing Section 75 as follows:
19 (755 ILCS 43/75)
20 Sec. 75. Form of declaration. A declaration for mental
21 health treatment shall be in substantially the following
22 form:
23 DECLARATION FOR MENTAL HEALTH TREATMENT
24 I ................., being an adult of sound mind,
25 willfully and voluntarily make this declaration for mental
26 health treatment to be followed if it is determined by 2
27 physicians or the court that my ability to receive and
28 evaluate information effectively or communicate decisions is
29 impaired to such an extent that I lack the capacity to refuse
30 or consent to mental health treatment. "Mental health
31 treatment" means electroconvulsive treatment, treatment of
32 mental illness with psychotropic medication, and admission to
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1 and retention in a health care facility for a period up to 17
2 days.
3 I understand that I may become incapable of giving or
4 withholding informed consent for mental health treatment due
5 to the symptoms of a diagnosed mental disorder. These
6 symptoms may include:
7 .............................................................
8 .............................................................
9 PSYCHOTROPIC MEDICATIONS
10 If I become incapable of giving or withholding informed
11 consent for mental health treatment, my wishes regarding
12 psychotropic medications are as follows:
13 ........ I consent to the administration of the following
14 medications:
15 .............................................................
16 ....... I do not consent to the administration of the
17 following medications:
18 -------------------------------------------------------------
19 Conditions or limitations:...................................
20 .............................................................
21 .............................................................
22 ELECTROCONVULSIVE TREATMENT
23 If I become incapable of giving or withholding informed
24 consent for mental health treatment, my wishes regarding
25 electroconvulsive treatment are as follows:
26 ........ I consent to the administration of electroconvulsive
27 treatment.
28 ........ I do not consent to the administration of
29 electroconvulsive treatment.
30 Conditions or limitations:...................................
31 .............................................................
32 .............................................................
33 ADMISSION TO AND RETENTION IN FACILITY
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1 If I become incapable of giving or withholding informed
2 consent for mental health treatment, my wishes regarding
3 admission to and retention in a health care facility for
4 mental health treatment are as follows:
5 .......... I consent to being admitted to a health care
6 facility for mental health treatment.
7 ......... I do not consent to being admitted to a health care
8 facility for mental health treatment.
9 This directive cannot, by law, provide consent to retain me
10 in a facility for more than 17 days.
11 Conditions or limitations:...................................
12 .............................................................
13 .............................................................
14 SELECTION OF PHYSICIAN
15 (OPTIONAL)
16 If it becomes necessary to determine if I have become
17 incapable of giving or withholding informed consent for
18 mental health treatment, I choose Dr. ..........
19 ............. of ................... to be one of the 2
20 physicians who will determine whether I am incapable. If
21 that physician is unavailable, that physician's designee
22 shall determine whether I am incapable.
23 ADDITIONAL REFERENCES OR INSTRUCTIONS
24 .............................................................
25 .............................................................
26 .............................................................
27 Conditions or limitations:...................................
28 .............................................................
29 ATTORNEY-IN-FACT
30 I hereby appoint:
31 NAME ..................................
32 ADDRESS ...............................
33 TELEPHONE # ...........................
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1 to act as my attorney-in-fact to make decisions regarding my
2 mental health treatment if I become incapable of giving or
3 withholding informed consent for that treatment.
4 If the person named above refuses or is unable to act on
5 my behalf, or if I revoke that person's authority to act as
6 my attorney-in-fact, I authorize the following person to act
7 as my attorney-in-fact:
8 NAME ................................
9 ADDRESS .............................
10 TELEPHONE # .........................
11 My attorney-in-fact is authorized to make decisions that
12 are consistent with the wishes I have expressed in this
13 declaration or, if not expressed, as are otherwise known to
14 my may attorney-in-fact. If my wishes are not expressed and
15 are not otherwise known by my attorney-in-fact, my
16 attorney-in-fact is to act in what he or she believes to be
17 my best interest.
18 .................................
19 (Signature of Principal/Date)
20 AFFIRMATION OF WITNESSES
21 We affirm that the principal is personally known to us,
22 that the principal signed or acknowledged the principal's
23 signature on this declaration for mental health treatment in
24 our presence, that the principal appears to be of sound mind
25 and not under duress, fraud or undue influence, that neither
26 of us is:
27 A person appointed as an attorney-in-fact by this
28 document;
29 The principal's attending physician or mental health
30 service provider or a relative of the physician or provider;
31 The owner, operator, or relative of an owner or operator
32 of a facility in which the principal is a patient or
33 resident; or
34 A person related to the principal by blood, marriage or
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1 adoption.
2 Witnessed By:
3 .......................... ..........................
4 (Signature of Witness/Date) (Printed Name of Witness)
5 .......................... ...........................
6 (Signature of Witness/Date) (Printed Name of Witness)
7 ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT
8 I accept this appointment and agree to serve as
9 attorney-in-fact to make decisions about mental health
10 treatment for the principal. I understand that I have a duty
11 to act consistent with the desires of the principal as
12 expressed in this appointment. I understand that this
13 document gives me authority to make decisions about mental
14 health treatment only while the principal is incapable as
15 determined by a court or 2 physicians. I understand that the
16 principal may revoke this declaration in whole or in part at
17 any time and in any manner when the principal is not
18 incapable.
19 ................................... .....................
20 (Signature of Attorney-in-fact/Date) (Printed Name)
21 ................................... ......................
22 (Signature of Attorney-in-fact/Date) (Printed Name of Witness)
23 NOTICE TO PERSON MAKING A
24 DECLARATION FOR MENTAL HEALTH TREATMENT
25 This is an important legal document. It creates a
26 declaration for mental health treatment. Before signing this
27 document, you should know these important facts:
28 This document allows you to make decisions in advance
29 about 3 types of mental health treatment: psychotropic
30 medication, electroconvulsive therapy, and short-term (up to
31 17 days) admission to a treatment facility. The instructions
32 that you include in this declaration will be followed only if
33 2 physicians or the court believes that you are incapable of
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1 making treatment decisions. Otherwise, you will be
2 considered capable to give or withhold consent for the
3 treatments.
4 You may also appoint a person as your attorney-in-fact to
5 make these treatment decisions for you if you become
6 incapable. The person you appoint has a duty to act
7 consistent with your desires as stated in this document or,
8 if your desires are not stated or otherwise made known to the
9 attorney-in-fact, to act in a manner consistent with what the
10 person in good faith believes to be in your best interest.
11 For the appointment to be effective, the person you appoint
12 must accept the appointment in writing. The person also has
13 the right to withdraw from acting as your attorney-in-fact at
14 any time.
15 This document will continue in effect for a period of 3
16 years unless you become incapable of participating in mental
17 health treatment decisions. If this occurs, the directive
18 will continue in effect until you are no longer incapable.
19 You have the right to revoke this document in whole or in
20 part at any time you have been determined by a physician to
21 be capable of giving or withholding informed consent for
22 mental health treatment. A revocation is effective when it is
23 communicated to your attending physician in writing and is
24 signed by you and a physician. The revocation may be in a
25 form similar to the following:
26 REVOCATION
27 I, ........., willfully and voluntarily revoke my declaration
28 for mental health treatment as indicated
29 [ ] I revoke my entire declaration
30 [ ] I revoke the following portion of my declaration
31 .............................................................
32 .............................................................
33 .............................................................
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1 .............................................................
2 Date ............... Signed ........................
3 (Signature of principal)
4 I, Dr. ..............., have evaluated the principal and
5 determined that he or she is capable of giving or withholding
6 informed consent for mental health treatment.
7 Date .............. ......................
8 (Signature of physician)
9 If there is anything in this document that you do not
10 understand, you should ask a lawyer to explain it to you.
11 This declaration will not be valid unless it is signed by 2
12 qualified witnesses who are personally known to you and who
13 are present when you sign or acknowledge your signature.
14 (Source: P.A. 89-439, eff. 6-1-96; revised 12-18-97.)
15 Section 178. The Illinois Power of Attorney Act is
16 amended by changing Section 2-1 as follows:
17 (755 ILCS 45/2-1) (from Ch. 110 1/2, par. 802-1)
18 Sec. 2-1. Purpose. The General Assembly recognizes that
19 each individual has the right to appoint an agent to deal
20 with property or make personal and health care decisions for
21 the individual but that this right cannot be fully effective
22 unless the principal may empower the agent to act throughout
23 the principal's lifetime, including during periods of
24 disability, and be sure that third parties will honor the
25 agent's authority at all times.
26 The General Assembly finds that in the light of modern
27 financial needs and advances in medical science, the
28 statutory recognition of this right of delegation in Illinois
29 needs to be restated to, among other things, expand its
30 application and the permissible scope of the agent's
31 authority, clarify the power of the individual to authorize
32 an agent to make financial and care decisions for the
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1 individual and better protect health care personnel and other
2 third parties who rely in good faith on the agent so that
3 reliance will be assured. Nothing in this Act shall be
4 deemed to authorize or encourage euthanasia, suicide or any
5 action or course of action that violates the criminal law of
6 this State or the United States. Similarly, nothing in this
7 Act shall be deemed to authorize or encourage any violation
8 of a civil right expressed in the Constitution, statutes,
9 case law and administrative rulings of this State (including,
10 without limitation, the right of conscience respected and
11 protected by the Health Care "Right of Conscience Act", as
12 now or hereafter amended) or the United States or any action
13 or course of action that violates the public policy expressed
14 in the Constitution, statutes, case law and administrative
15 rulings of this State or the United States.
16 (Source: P.A. 85-1395; revised 10-17-97.)
17 Section 179. The Trusts and Dissolutions of Marriage Act
18 is amended by changing Section 1 as follows:
19 (760 ILCS 35/1) (from Ch. 148, par. 301)
20 Sec. 1. (a) Unless the governing instrument or the
21 judgment of judicial termination of marriage expressly
22 provides otherwise, judicial termination of the marriage of
23 the settlor of a trust revokes every provision which is
24 revocable by the settlor pertaining to the settlor's former
25 spouse in a trust instrument or amendment thereto executed by
26 the settlor before the entry of the judgment of judicial
27 termination of the settlor's marriage, and any such trust
28 shall be administered and construed as if the settlor's
29 former spouse had died upon entry of the judgment of judicial
30 termination of the settlor's marriage.
31 (b) A trustee who has no actual knowledge of a judgment
32 of judicial termination of the settlor's marriage, shall have
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1 no liability for any action taken or omitted in good faith on
2 the assumption that the settlor is married. The preceding
3 sentence is intended to affect only the liability of the
4 trustee and shall not affect the disposition of beneficial
5 interests in any trust.
6 (c) "Trust" means a trust created by a nontestamentary
7 instrument executed after the effective date of this Act,
8 except that, unless in the governing instrument the
9 provisions of this Act are made applicable by specific
10 reference, the provisions of this Act do not apply to any (a)
11 land trust; (b) voting trust; (c) security instrument such as
12 a trust deed or mortgage; (d) liquidation trust; (e) escrow;
13 (f) instrument under which a nominee, custodian for property
14 or paying or receiving agent is appointed; or (g) a trust
15 created by a deposit arrangement in a bank or savings
16 institution, commonly known as "Totten Trust".
17 (d) The phrase "provisions pertaining to the settlor's
18 former spouse" includes, but is not limited to, every present
19 or future gift or interest or power of appointment given to
20 the settlor's former spouse or right of the settlor's former
21 spouse to serve in a fiduciary capacity.
22 (e) A provision is revocable by the settlor if the
23 settlor has the power at the time of the entry of the
24 judgment of judicial termination of the settlor's marriage to
25 revoke, modify or amend said provision, either alone along or
26 in conjunction with any other person or persons.
27 (f) "Judicial termination of marriage" includes, but is
28 not limited to, divorce, dissolution, annulment or
29 declaration of invalidity of marriage.
30 (Source: P.A. 82-428; revised 12-18-97.)
31 Section 180. The Cemetery Care Act is amended by
32 changing Section 9 as follows:
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1 (760 ILCS 100/9) (from Ch. 21, par. 64.9)
2 Sec. 9. Application for license.
3 (a) Whenever a cemetery authority owning, operating,
4 controlling or managing a privately operated cemetery is
5 newly organized and such cemetery authority desires to be
6 licensed to accept the care funds authorized by Section 3 of
7 this Act, or whenever there is a sale or transfer of the
8 controlling interest of a licensed cemetery authority, it
9 shall make application for such license.
10 In the case of a sale or transfer of the controlling
11 interest of the cemetery authority, the prior license shall
12 remain in effect until the Comptroller issues a new license
13 to the newly-controlled cemetery authority as provided in
14 Section 15b. Upon issuance of the new license, the prior
15 license shall be deemed surrendered if the licensee has
16 agreed to the sale and transfer and has consented to the
17 surrender of the license. A sale or transfer of the
18 controlling interest of a cemetery authority to an immediate
19 family member is not considered a transfer of the controlling
20 interest for purposes of this Section.
21 (b) Applications for license shall be filed with the
22 Comptroller. Applications shall be in writing under oath,
23 signed by the applicant, and in the form furnished by the
24 Comptroller. A check or money order in the amount of $25,
25 payable to: Comptroller, State of Illinois, shall be
26 included. Each application shall contain the following:
27 (1) the full name and address (both of residence
28 and of place of business) of the applicant, if an
29 individual; of every member, if the applicant is a
30 partnership or association; of every officer, if the
31 applicant is a corporation, and of any party owning 10%
32 or more of the cemetery authority; and
33 (2) a detailed statement of the applicant's assets
34 and liabilities; and
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1 (3) as to the name of each individual person listed
2 under (1) above, a detailed statement of each person's
3 business experience for the 10 years immediately
4 preceding the application; the present and previous
5 connection, if any, of each person with any other
6 cemetery or cemetery authority; whether each person has
7 ever been convicted of a felony or any misdemeanor of
8 which an essential element is fraud or has been involved
9 in any civil litigation in which a judgment has been
10 entered against him or her based on fraud; whether each
11 person is currently a defendant in any lawsuit in which
12 the complaint against the person is based upon fraud;
13 whether such person has failed to satisfy any enforceable
14 enforcible judgment entered by a court of competent
15 jurisdiction in any civil proceedings against such
16 individual; and
17 (4) the total amount in trust and now available
18 from sales of lots, graves, crypts or niches where part
19 of the sale price has been placed in trust; the amount of
20 money placed in the care funds of each applicant; the
21 amount set aside in care funds from the sale of lots,
22 graves, crypts and niches for the general care of the
23 cemetery and the amount available for that purpose; the
24 amount received in trust by special agreement for special
25 care and the amount available for that purpose; the
26 amount of principal applicable to trust funds received by
27 the applicant.
28 Such information shall be furnished whether the care
29 funds are held by the applicant as trustee or by an
30 independent trustee. If the funds are not held by the
31 applicant, the name of the independent trustee holding them
32 is also to be furnished by the applicant.
33 (c) Applications for license shall also be accompanied
34 by a fidelity bond issued by a bonding company or insurance
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1 company authorized to do business in this State or by an
2 irrevocable, unconditional letter of credit issued by a bank
3 or trust company authorized to do business in the State of
4 Illinois, as approved by the State Comptroller, where such
5 care funds exceed the sum of $15,000. Such bond or letter of
6 credit shall run to the Comptroller and his or her successor
7 for the benefit of the care funds held by such cemetery
8 authority or by the trustee of the care funds of such
9 cemetery authority. Such bonds or letters of credit shall be
10 in an amount equal to 1/10 of such care funds. However, such
11 bond or letter of credit shall not be in an amount less than
12 $1,000; the first $15,000 of such care funds shall not be
13 considered in computing the amount of such bond or letter of
14 credit. No application shall be accepted by the Comptroller
15 unless accompanied by such bond or letter of credit.
16 Applications for license by newly organized cemetery
17 authorities after January 1, 1960 shall also be accompanied
18 by evidence of a minimum care fund deposit in an amount to be
19 determined as follows: if the number of inhabitants, either
20 in the county in which the cemetery is to be located or in
21 the area included within a 10 mile radius from the cemetery
22 if the number of inhabitants therein is greater, is 25,000 or
23 less the deposit shall be $7,500; if the number of
24 inhabitants is 25,001 to 50,000, the deposit shall be
25 $10,000; if the number of inhabitants is 50,001 to 125,000,
26 the deposit shall be $15,000; if the number of inhabitants is
27 over 125,000, the deposit shall be $25,000.
28 After an amount equal to and in addition to the required
29 minimum care fund deposit has been deposited in trust, the
30 cemetery authority may withhold 50% of all future care funds
31 until it has recovered the amount of the minimum care fund
32 deposit.
33 (d) The applicant shall have a permanent address and any
34 license issued pursuant to the application is valid only at
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1 the address or at any new address approved by the
2 Comptroller.
3 (e) All bonds and bonding deposits made by any cemetery
4 authority may be returned to the cemetery authority or
5 cancelled as to care funds invested with an investment
6 company.
7 (Source: P.A. 88-477; 89-615, eff. 8-9-96; revised 7-11-97.)
8 Section 181. The Uniform Recognition of Acknowledgments
9 Act is amended by changing Section 7 as follows:
10 (765 ILCS 30/7) (from Ch. 30, par. 227)
11 Sec. 7. Short forms of acknowledgment.
12 (a) The forms of acknowledgment set forth in this
13 Section may be used and are sufficient for their respective
14 purposes under any law of this State, whether executed in
15 this State or any other State. The forms shall be known as
16 "Statutory Short Forms of Acknowledgment" and may be referred
17 to by that name. The authorization of the forms in this
18 Section does not preclude the use of other forms.
19 (1) For an individual acting in his own right:
20 State of ....
21 County of ....
22 The foregoing instrument was acknowledged before me this
23 (date) by (name of person acknowledged.)
24 (Signature of person taking acknowledgment)
25 (Title or rank)
26 (Serial number, if any)
27 (2) For a corporation:
28 State of ....
29 County of ....
30 The foregoing instrument was acknowledged before me this
31 (date) by (name of officer or agent, title of officer or
32 agent) of (name of corporation acknowledging) a (state or
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1 place of incorporation) corporation, on behalf of the
2 corporation.
3 (Signature of person taking acknowledgment)
4 (Title or rank)
5 (Serial number, if any)
6 (3) For a partnership:
7 State of ....
8 County of ....
9 The foregoing instrument was acknowledged before me this
10 (date) by (name of acknowledging partner or agent), partner
11 (or agent) on behalf of (name of partnership), a partnership.
12 (Signature of person taking acknowledgment)
13 (Title or rank)
14 (Serial number, if any)
15 (4) For an individual acting as principal by an attorney
16 in fact:
17 State of ....
18 County of ....
19 The foregoing instrument was acknowledged before me this
20 (date) by (name of attorney in fact) as attorney in fact on
21 behalf of (name of principal).
22 (Signature of person taking acknowledgment)
23 (Title or rank)
24 (Serial number, if any)
25 (5) By any public officer, trustee, or personal
26 representative:
27 State of ....
28 County of ....
29 The foregoing instrument was acknowledged before me this
30 (date) by (name and title of position).
31 (Signature of person taking acknowledgment)
32 (Title or rank)
33 (Serial number, if any)
34 (b) This amendatory Act of 1981 (P.A. 82-450) is to
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1 clarify that any uses of the short form of acknowledgment as
2 herein provided within the State of Illinois prior to the
3 effective date of this amendatory Act have been valid.
4 (Source: P.A. 82-450; revised 12-18-97.)
5 Section 182. The Destroyed Public Records Act is amended
6 by changing Section 11 as follows:
7 (765 ILCS 45/11) (from Ch. 116, par. 15)
8 Sec. 11. It is lawful for any person claiming title to
9 any lands in such county at the time of the destruction of
10 such records, and for all claiming under any such person, to
11 file a petition in the the circuit court in such county,
12 praying for a judgment establishing and confirming his title.
13 Any number of parcels of land may be included in one
14 petition, or separate petitions may be filed, as the
15 petitioner may elect.
16 The petition shall state clearly the description of the
17 lands, the character and extent of the estate claimed by the
18 petitioner, and from whom, and when, and by what mode he
19 derived his title thereto. It shall give the names of all
20 persons owning or claiming any estate in fee in the lands, or
21 any part thereof, and also all persons who shall be in
22 possession of the land, or any part thereof, and also all
23 persons to whom any such lands shall have been conveyed, and
24 the deed or deeds of such conveyance which have been recorded
25 in the office of the recorder of such county, since the time
26 of the destruction of such records as provided for in this
27 Act, and prior to the time of the filing of the petition, and
28 their residences, so far as the same are known to petitioner;
29 and if no such persons are known to petitioner it shall be so
30 stated in the petition.
31 All persons so named in the petition shall be made
32 defendants, and shall be notified of the action by summons,
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1 if residents of this State, in the same manner as is now or
2 may hereafter be required in civil proceedings by the laws of
3 this State;: provided, that the notice specified in Section
4 12 of this Act is the only publication notice required,
5 either in case of residents, non-residents or otherwise. All
6 other persons shall be deemed and taken as defendants by the
7 name or designation of "all whom it may concern"."
8 The petition shall be verified by the affidavit of the
9 petitioner, or by the agent of petitioner; and a party so
10 swearing falsely is guilty of perjury and shall be punished
11 accordingly, and is liable in damages to any person injured
12 by such false statement, to be recovered in a civil action in
13 the circuit court.
14 (Source: P.A. 83-358, revised 7-11-97.)
15 Section 183. The Responsible Property Transfer Act of
16 1988 is amended by changing Section 5 as follows:
17 (765 ILCS 90/5) (from Ch. 30, par. 905)
18 Sec. 5. Form and content of Disclosure Document.
19 (a) The disclosure document required under Section 4 of
20 this Act shall consist of the following form:
21 ENVIRONMENTAL DISCLOSURE DOCUMENT
22 FOR TRANSFER OF REAL PROPERTY
23 -------------------------------------------------------------
24 For Use By County
25 Recorder's Office
26 The following information is County
27 provided pursuant to the Date
28 Responsible Property Doc. No.
29 Transfer Act of 1988 Vol.
30 Seller:....................... Page
31 Buyer:........................ Rec'd by:
32 Document No.:.................
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1 I. PROPERTY IDENTIFICATION:
2 A. Address of property:.................................
3 Street City or Village Township
4 Permanent Real Estate Index No.:.....................
5 B. Legal Description:
6 Section..........Township..........Range...........
7 Enter or attach current legal description in
8 this area:
9 Prepared by:................ Return to:................
10 name name
11 ................ ................
12 address address
13 -------------------------------------------------------------
14 LIABILITY DISCLOSURE
15 Transferors and transferees of real property are advised
16 that their ownership or other control of such property may
17 render them liable for any environmental clean-up costs
18 whether or not they caused or contributed to the presence of
19 environmental problems associated with the property.
20 C. Property Characteristics:
21 Lot Size.................. Acreage..................
22 Check all types of improvement and
23 uses that pertain to the property:
24 ...... Apartment building (6 units or less)
25 ...... Commercial apartment (over 6 units)
26 ...... Store, office, commercial building
27 ...... Industrial building
28 ...... Farm, with buildings
29 ...... Other (specify)
30 II. NATURE OF TRANSFER:
31 Yes No
32 A. (1) Is this a transfer by deed or
33 other instrument of conveyance? .... ....
34 (2) Is this a transfer by assignment
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1 of over 25% of beneficial interest
2 of an Illinois land trust? .... ....
3 (3) A lease exceeding a term of
4 40 years? .... ....
5 (4) A mortgage or collateral
6 assignment of beneficial
7 interest? .... ....
8 B. (1) Identify Transferor:
9 ........................................................
10 Name and Current Address of Transferor
11 .......................................................
12 Name and Address of Trustee if this is a Trust No.
13 transfer of beneficial interest of a land trust.
14 (2) Identify person who has completed this form on
15 behalf of the Transferor and who has knowledge of the
16 information contained in this form:
17 .......................................................
18 Name, Position (if any), and address Telephone No.
19 C. Identify Transferee:
20 ........................................................
21 Name and Current Address of Transferee
22 III. NOTIFICATION
23 Under the Illinois Environmental Protection Act, owners
24 of real property may be held liable for costs related to the
25 release of hazardous substances.
26 1. Section 22.2(f) of the Act states in part:
27 "Notwithstanding any other provision or rule of law, and
28 subject only to the defenses set forth in subsection (j) of
29 this Section, the following persons shall be liable for all
30 costs of removal or remedial action incurred by the State of
31 Illinois or any unit of local government as a result of a
32 release or substantial threat of a release of a hazardous
33 substance or pesticide:
34 (1) the owner and operator of a facility or vessel
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1 from which there is a release or substantial threat of
2 release of a hazardous substance or pesticide;
3 (2) any person who at the time of disposal,
4 transport, storage or treatment of a hazardous substance
5 or pesticide owned or operated the facility or vessel
6 used for such disposal, transport, treatment or storage
7 from which there was a release or substantial threat of a
8 release of any such hazardous substance or pesticide;
9 (3) any person who by contract, agreement, or
10 otherwise has arranged with another party or entity for
11 transport, storage, disposal or treatment of hazardous
12 substances or pesticides owned, controlled or possessed
13 by such person at a facility owned or operated by another
14 party or entity from which facility there is a release or
15 substantial threat of a release of such hazardous
16 substances or pesticides; and
17 (4) any person who accepts or accepted any
18 hazardous substances or pesticides for transport to
19 disposal, storage or treatment facilities or sites from
20 which there is a release or a substantial threat of a
21 release of a hazardous substance or pesticide."
22 2. Section 4(q) of the Act states:
23 "The Agency shall have the authority to provide notice to
24 any person who may be liable pursuant to Section 22.2(f) of
25 this Act for a release or a substantial threat of a release
26 of a hazardous substance or pesticide. Such notice shall
27 include the identified response action and an opportunity for
28 such person to perform the response action."
29 3. Section 22.2(k) of the Act states in part:
30 "If any person who is liable for a release or substantial
31 threat of release of a hazardous substance or pesticide fails
32 without sufficient cause to provide removal or remedial
33 action upon or in accordance with a notice and request by the
34 Agency or upon or in accordance with any order of the Board
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1 or any court, such person may be liable to the State for
2 punitive damages in an amount at least equal to, and not more
3 than 3 times, the amount of any costs incurred by the State
4 of Illinois as a result of such failure to take such removal
5 or remedial action. The punitive damages damage imposed by
6 the Board shall be in addition to any costs recovered from
7 such person pursuant to this Section and in addition to any
8 other penalty or relief provided by this Act or any other
9 law."
10 4. Section 57.12(a) 22.18(a) of the Act states in part:
11 "Notwithstanding any other provision or rule of law,
12 except as provided otherwise in subsection (b), the owner or
13 operator, or both, of an underground storage tank shall be
14 liable for all costs of investigation, preventive action,
15 corrective action and enforcement action incurred by the
16 State of Illinois resulting as a result of a release or a
17 substantial threat of release of petroleum from an
18 underground storage tank."
19 5. The text of the statutes set out above is subject to
20 change by amendment. Persons using this form may update it
21 to reflect changes in the text of the statutes cited, but no
22 disclosure statement shall be invalid merely because it sets
23 forth an obsolete or superseded version of such text.
24 IV. ENVIRONMENTAL INFORMATION
25 Regulatory Information During Current Ownership
26 1. Has the transferor ever conducted operations on the
27 property which involved the generation, manufacture,
28 processing, transportation, treatment, storage or handling of
29 "hazardous substances", as defined by the Illinois
30 Environmental Protection Act? This question shall not be
31 applicable for consumer goods stored or handled by a retailer
32 in the same form, approximate amount, concentration and
33 manner as they are sold to consumers, provided that such
34 retailer does not engage in any commercial mixing (other than
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1 paint mixing or tinting of consumer sized containers),
2 finishing, refinishing, servicing, or cleaning operations on
3 the property.
4 Yes ......
5 No ......
6 2. Has the transferor ever conducted operations on the
7 property which involved the processing, storage or handling
8 of petroleum, other than that which was associated directly
9 with the transferor's vehicle usage?
10 Yes ......
11 No ......
12 3. Has the transferor ever conducted operations on the
13 property which involved the generation, transportation,
14 storage, treatment or disposal of "hazardous or special
15 wastes", as defined by the federal Resource Conservation and
16 Recovery Act and the Illinois Environmental Protection Act?
17 Yes ......
18 No ......
19 4. Are there any of the following specific units
20 (operating or closed) at the property which are or were used
21 by the transferor to manage waste, hazardous wastes,
22 hazardous substances or petroleum?
23 YES NO
24 Landfill ...... ......
25 Surface Impoundment ...... ......
26 Land Treatment ...... ......
27 Waste Pile ...... ......
28 Incinerator ...... ......
29 Storage Tank (Above Ground) ...... ......
30 Storage Tank (Underground) ...... ......
31 Container Storage Area ...... ......
32 Injection Wells ...... ......
33 Wastewater Treatment Units ...... ......
34 Septic Tanks ...... ......
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1 Transfer Stations ...... ......
2 Waste Recycling Operations ...... ......
3 Waste Treatment Detoxification ...... ......
4 Other Land Disposal Area ...... ......
5 If there are "YES" answers to any of the above items and
6 the transfer is other than a mortgage or collateral
7 assignment of beneficial interest, attach a site plan which
8 identifies the location of each unit, such site plan to be
9 filed with the Environmental Protection Agency along with
10 this disclosure document.
11 5. Has the transferor ever held any of the following in
12 regard to this real property?
13 a. Permits for discharges of Yes ......
14 wastewater to waters of the State. No ......
15 b. Permits for emissions to Yes ......
16 the atmosphere. No ......
17 c. Permits for any waste storage, Yes ......
18 waste treatment or waste disposal No ......
19 operation.
20 6. Has the transferor had any wastewater discharges
21 (other than sewage) to a publicly owned treatment works?
22 Yes ......
23 No ......
24 7. Has the transferor taken any of the following actions
25 relative to this property?
26 a. Prepared a Chemical Safety Yes ......
27 Contingency Plan pursuant to the No ......
28 Illinois Chemical Safety Act.
29 b. Filed an Emergency and Hazardous Yes ......
30 Chemical Inventory Form pursuant No ......
31 to the federal Emergency Planning
32 and Community Right-to-Know Act of
33 1986.
34 c. Filed a Toxic Chemical Release Form Yes ......
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1 pursuant to the federal Emergency No ......
2 Planning and Community Right-to-
3 Know Act of 1986.
4 8. Has the transferor or any facility on the property or
5 the property been the subject of any of the following State
6 or federal governmental actions?
7 a. Written notification regarding Yes ......
8 known, suspected or alleged
9 contamination on or emanating No ......
10 from the property.
11 b. Filing an environmental enforcement Yes ......
12 case with a court or the Pollution
13 Control Board for which a final No ......
14 order or consent decree was entered.
15 c. If item b. was answered by checking Yes ......
16 Yes, then indicate whether or not
17 the final order or decree is still No ......
18 in effect for this property.
19 9. Environmental Releases During Transferor's Ownership
20 a. Has any situation occurred at this site which
21 resulted in a reportable "release" of any hazardous
22 substances or petroleum as required under State or federal
23 laws?
24 Yes ......
25 No .......
26 b. Have any hazardous substances or petroleum, which
27 were released, come into direct contact with the ground at
28 this site?
29 Yes ......
30 No ......
31 c. If the answers to questions (a) and (b) are Yes, have
32 any of the following actions or events been associated with a
33 release on the property?
34 .... Use of a cleanup contractor to remove or treat
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1 materials including soils, pavement or other
2 surficial materials
3 .... Assignment of in-house maintenance staff to remove
4 or treat materials including soils, pavement or
5 other surficial materials
6 .... Designation, by the IEPA or the IEMA, of the
7 release as "significant" under the Illinois
8 Chemical Safety Act
9 .... Sampling and analysis of soils
10 .... Temporary or more long-term monitoring of
11 groundwater at or near the site
12 .... Impaired usage of an on-site or nearby water well
13 because of offensive characteristics of the water
14 .... Coping with fumes from subsurface storm drains
15 or inside basements, etc.
16 .... Signs of substances leaching out of the ground
17 along the base of slopes or at other low points
18 on or immediately adjacent to the site
19 10. Is the facility currently operating under a variance
20 granted by the Illinois Pollution Control Board?
21 Yes ......
22 No ......
23 11. Is there any explanation needed for clarification of
24 any of the above answers or responses?
25 .............................................................
26 .............................................................
27 .............................................................
28 .............................................................
29 B. SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
30 1. Provide the following information about the previous
31 owner or any entity or person the transferor leased the site
32 to or otherwise contracted with for the management of the
33 site or real property:
34 Name: ......................................
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1 ......................................
2 Type of business/ ...............................
3 or property usage ...............................
4 ...............................
5 2. If the transferor has knowledge, indicate whether the
6 following existed under prior ownerships, leaseholds granted
7 by the transferor, other contracts for management or use of
8 the facilities or real property:
9 YES NO
10 Landfill ...... ......
11 Surface Impoundment ...... ......
12 Land Treatment ...... ......
13 Waste Pile ...... ......
14 Incinerator ...... ......
15 Storage Tank (Above Ground) ...... ......
16 Storage Tank (Underground) ...... ......
17 Container Storage Area ...... ......
18 Injection Wells ...... ......
19 Wastewater Treatment Units ...... ......
20 Septic Tanks ...... ......
21 Transfer Stations ...... ......
22 Waste Recycling Operations ...... ......
23 Waste Treatment Detoxification ...... ......
24 Other Land Disposal Area ...... ......
25 V. CERTIFICATION
26 A. Based on my inquiry of those persons directly
27 responsible for gathering the information, I certify that the
28 information submitted is, to the best of my knowledge and
29 belief, true and accurate.
30 ............................
31 signature
32 ............................
33 type or print name
34 TRANSFEROR OR TRANSFERORS
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1 (or on behalf of Transferor)
2 B. This form was delivered to me with all elements
3 completed on
4 ............................ 19....
5 ...........................
6 signature
7 ...........................
8 type or print name
9 TRANSFEREE OR TRANSFEREES
10 (or on behalf of Transferee)
11 C. This form was delivered to me with all elements
12 completed on
13 ............................ 19....
14 ...........................
15 signature
16 .............................
17 type or print name
18 LENDER
19 (Source: P.A. 86-679; 87-168; revised 6-25-97.)
20 Section 184. The Condominium Property Act is amended by
21 changing Section 19 as follows:
22 (765 ILCS 605/19) (from Ch. 30, par. 319)
23 Sec. 19. Records of the association; availability for
24 examination.
25 (a) The board of managers of every association shall
26 keep and maintain the following records, or true and complete
27 copies of these records, at the association's principal
28 office:
29 (1) the association's declaration, bylaws, and
30 plats of survey, and all amendments of these;
31 (2) the rules and regulations of the association,
32 if any;
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1 (3) if the association is incorporated as a
2 corporation, the articles of incorporation of the
3 association and all amendments to the articles of
4 incorporation;
5 (4) minutes of all meetings of the association and
6 its board of managers for the immediately preceding 7
7 years;
8 (5) all current policies of insurance of the
9 association;
10 (6) all contracts, leases, and other agreements
11 then in effect to which the association is a party or
12 under which the association or the unit owners have
13 obligations or liabilities;
14 (7) a current listing of the names, addresses, and
15 weighted vote of all members entitled to vote;
16 (8) ballots and proxies related to ballots for all
17 matters voted on by the members of the association during
18 the immediately preceding 12 months, including but not
19 limited to the election of members of the board of
20 managers; and
21 (9) the books and records of account for the
22 association's current and 10 immediately preceding fiscal
23 years, including but not limited to itemized and detailed
24 records of all receipts and expenditures.
25 (b) Any member of an association shall have the right to
26 inspect, examine, and make copies of the records described in
27 subdivisions (1), (2), (3), (4), and (5) of subsection (a) of
28 this Section, in person or by agent, at any reasonable time
29 or times, at the association's principal office. In order to
30 exercise this right, a member must submit a written request
31 to the association's board of managers or its authorized
32 agent, stating with particularity the records sought to be
33 examined. Failure of an association's board of managers to
34 make available all records so requested within 30 days of
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1 receipt of the member's written request shall be deemed a
2 denial.
3 Any member who prevails in an enforcement action to
4 compel examination of records described in subdivisions (1),
5 (2), (3), (4), and (5) of subsection (a) of this Section
6 shall be entitled to recover reasonable attorney's fees and
7 costs from the association.
8 (c) (Blank).
9 (d) (Blank).
10 (e) Except as otherwise provided in subsection (g) (f)
11 of this Section, any member of an association shall have the
12 right to inspect, examine, and make copies of the records
13 described in subdivisions (6), (7), (8), and (9) of
14 subsection (a) of this Section, in person or by agent, at any
15 reasonable time or times but only for a proper purpose, at
16 the association's principal office. In order to exercise
17 this right, a member must submit a written request, to the
18 association's board of managers or its authorized agent,
19 stating with particularity the records sought to be examined
20 and a proper purpose for the request. Subject to the
21 provisions of subsection (g) (f) of this Section, failure of
22 an association's board of managers to make available all
23 records so requested within 30 business days of receipt of
24 the member's written request shall be deemed a denial;
25 provided, however, that the board of managers of an
26 association that has adopted a secret ballot election process
27 as provided in Section 18 of this Act shall not be deemed to
28 have denied a member's request for records described in
29 subdivision (8) of subsection (a) of this Section if voting
30 ballots, without identifying unit numbers, are made available
31 to the requesting member within 30 days of receipt of the
32 member's written request.
33 In an action to compel examination of records described
34 in subdivisions (6), (7), (8), and (9) of subsection (a) of
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1 this Section, the burden of proof is upon the member to
2 establish that the member's request is based on a proper
3 purpose. Any member who prevails in an enforcement action to
4 compel examination of records described in subdivisions (6),
5 (7), (8), and (9) of subsection (a) of this Section shall be
6 entitled to recover reasonable attorney's fees and costs from
7 the association only if the court finds that the board of
8 directors acted in bad faith in denying the member's request.
9 (f) The actual cost to the association of retrieving and
10 making requested records available for inspection and
11 examination under this Section shall be charged by the
12 association to the requesting member. If a member requests
13 copies of records requested under this Section, the actual
14 costs to the association of reproducing the records shall
15 also be charged by the association to the requesting member.
16 (g) Notwithstanding the provisions of subsection (e) of
17 this Section, unless otherwise directed by court order, an
18 association need not make the following records available for
19 inspection, examination, or copying by its members:
20 (1) documents relating to appointment, employment,
21 discipline, or dismissal of association employees;
22 (2) documents relating to actions pending against
23 or on behalf of the association or its board of managers
24 in a court or administrative tribunal;
25 (3) documents relating to actions threatened
26 against, or likely to be asserted on behalf of, the
27 association or its board of managers in a court or
28 administrative tribunal;
29 (4) documents relating to common expenses or other
30 charges owed by a member other than the requesting
31 member; and
32 (5) documents provided to an association in
33 connection with the lease, sale, or other transfer of a
34 unit by a member other than the requesting member.
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1 (h) The provisions of this Section are applicable to all
2 condominium instruments recorded under this Act. Any portion
3 of a condominium instrument that contains provisions contrary
4 to these provisions shall be void as against public policy
5 and ineffective. Any condominium instrument that fails to
6 contain the provisions required by this Section shall be
7 deemed to incorporate the provisions by operation of law.
8 (Source: P.A. 90-496, eff. 8-18-97; revised 1-24-98.)
9 Section 185. The Mobile Home Landlord and Tenant Rights
10 Act is amended by changing Section 11 as follows:
11 (765 ILCS 745/11) (from Ch. 80, par. 211)
12 Sec. 11. Provisions of mobile home park leases. Any
13 lease hereafter executed or currently existing between an
14 owner and tenant in a mobile home park in this State shall
15 also contain, or shall be made to contain, the following
16 covenants binding the owner at all times during the term of
17 the lease to:
18 (a) identify to each tenant prior to his occupancy
19 the lot area for which he will be responsible;
20 (b) keep all exterior property areas not in the
21 possession of a tenant, but part of the mobile home park
22 property, free from the species of weeds and plant growth
23 which are generally noxious or detrimental to the health
24 of the tenants;
25 (c) maintain all electrical, plumbing, gas or other
26 utilities provided by him in good working condition with
27 the exception of emergencies after which repairs must be
28 completed within a reasonable period of time;
29 (d) maintain all subsurface water and sewage lines
30 and connections in good working order;
31 (e) respect the privacy of the tenants and if only
32 the lot is rented, agree not to enter the mobile home
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1 without the permission of the mobile home owner, and if
2 the mobile home is the property of the park owner, to
3 enter only after due notice to the tenant, provided, the
4 park owner or his representative may enter without notice
5 in emergencies;
6 (f) maintain all roads within the mobile home park
7 in good condition;
8 (g) include a statement of all services and
9 facilities which are to be provided by the park owner for
10 the tenant, e.g. lawn maintenance, snow removal, garbage
11 or solid waste disposal, recreation building, community
12 hall, swimming pool, golf course, laundromat, etc.;
13 (h) disclose the full names and addresses of all
14 individuals in whom all or part of the legal or equitable
15 title to the mobile home park is vested, or the name and
16 address of the owners' designated agent;
17 (i) provide a custodian's office and furnish each
18 tenant with the name, address and telephone number of the
19 custodian and designated office.
20 (Source: P.A. 86-322; revised 7-11-97.)
21 Section 186. The Unsealed Instrument Validation Act is
22 amended by changing the title of the Act and Section 1 as
23 follows:
24 (765 ILCS 1070/Act title)
25 An Act to render valid all conveyances or other
26 instruments affecting or relating to the title to real or
27 personal property within this State, and instruments or
28 writings relating to any obligation enforceable enforcible in
29 this State, that may have been heretofore or that shall
30 hereafter be executed without this State, to which a seal or
31 scroll is not affixed, and for other purposes relating
32 thereto.
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1 (765 ILCS 1070/1) (from Ch. 30, par. 154)
2 Sec. 1. All conveyances, writings or other instruments,
3 whether a deed, mortgage, trust deed, lease, power or letter
4 of attorney, will, bond, contract, agreement, obligation or
5 other instrument of whatsoever kind, nature or character,
6 affecting or relating to the title to real or personal
7 property within this State, or of any power, duty, right or
8 trust thereof or therein, and also all instruments or
9 writings of whatsoever nature, kind or character enforceable
10 enforcible in this State, that may have been heretofore or
11 that shall hereafter be executed without this State, by any
12 party thereto, whether a resident of this State or not, to
13 which a seal or scroll to the signature is not affixed, and
14 where the usage or law of the State, district, territory,
15 colony, republic, kingdom, empire, dominion, dependency or
16 other place where such instrument is executed, in force at
17 the time, dispenses with or does not require a seal or scroll
18 to the signature of a party so executing the conveyance,
19 instrument or writing, for its validity as such, are hereby
20 validated, and shall be given the same force and effect as if
21 a seal or scroll had been duly affixed to the signature
22 thereto.
23 (Source: P.A. 84-551; revised 7-11-97.)
24 Section 187. The Business Corporation Act of 1983 is
25 amended by changing Section 1.80 as follows:
26 (805 ILCS 5/1.80) (from Ch. 32, par. 1.80)
27 Sec. 1.80. Definitions. As used in this Act, unless the
28 context otherwise requires, the words and phrases defined in
29 this Section shall have the meanings set forth herein.
30 (a) "Corporation" or "domestic corporation" means a
31 corporation subject to the provisions of this Act, except a
32 foreign corporation.
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1 (b) "Foreign corporation" means a corporation for profit
2 organized under laws other than the laws of this State, but
3 shall not include a banking corporation organized under the
4 laws of another state or of the United States, a foreign
5 banking corporation organized under the laws of a country
6 other than the United States and holding a certificate of
7 authority from the Commissioner of Banks and Real Estate
8 issued pursuant to the Foreign Banking Office Act, or a
9 banking corporation holding a license from the Commissioner
10 of Banks and Real Estate issued pursuant to the Foreign Bank
11 Representative Office Act.
12 (c) "Articles of incorporation" means the original
13 articles of incorporation, including the articles of
14 incorporation of a new corporation set forth in the articles
15 of consolidation, and all amendments thereto, whether
16 evidenced by articles of amendment, articles of merger,
17 articles of exchange, statement of correction affecting
18 articles, resolution establishing series of shares or a
19 statement of cancellation under Section 9.05. Restated
20 articles of incorporation shall supersede the original
21 articles of incorporation and all amendments thereto prior to
22 the effective date of filing the articles of amendment
23 incorporating the restated articles of incorporation.
24 (d) "Subscriber" means one who subscribes for shares in
25 a corporation, whether before or after incorporation.
26 (e) "Incorporator" means one of the signers of the
27 original articles of incorporation.
28 (f) "Shares" means the units into which the proprietary
29 interests in a corporation are divided.
30 (g) "Shareholder" means one who is a holder of record of
31 shares in a corporation.
32 (h) "Certificate" representing shares means a written
33 instrument executed by the proper corporate officers, as
34 required by Section 6.35 of this Act, evidencing the fact
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1 that the person therein named is the holder of record of the
2 share or shares therein described. If the corporation is
3 authorized to issue uncertificated shares in accordance with
4 Section 6.35 of this Act, any reference in this Act to shares
5 represented by a certificate shall also refer to
6 uncertificated shares and any reference to a certificate
7 representing shares shall also refer to the written notice in
8 lieu of a certificate provided for in Section 6.35.
9 (i) "Authorized shares" means the aggregate number of
10 shares of all classes which the corporation is authorized to
11 issue.
12 (j) "Paid-in capital" means the sum of the cash and
13 other consideration received, less expenses, including
14 commissions, paid or incurred by the corporation, in
15 connection with the issuance of shares, plus any cash and
16 other consideration contributed to the corporation by or on
17 behalf of its shareholders, plus amounts added or transferred
18 to paid-in capital by action of the board of directors or
19 shareholders pursuant to a share dividend, share split, or
20 otherwise, minus reductions as provided elsewhere in this
21 Act. Irrespective of the manner of designation thereof by
22 the laws under which a foreign corporation is or may be
23 organized, paid-in capital of a foreign corporation shall be
24 determined on the same basis and in the same manner as
25 paid-in capital of a domestic corporation, for the purpose of
26 computing license fees, franchise taxes and other charges
27 imposed by this Act.
28 (k) "Net assets", for the purpose of determining the
29 right of a corporation to purchase its own shares and of
30 determining the right of a corporation to declare and pay
31 dividends and make other distributions to shareholders is
32 equal to the difference between the assets of the corporation
33 and the liabilities of the corporation.
34 (l) "Registered office" means that office maintained by
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1 the corporation in this State, the address of which is on
2 file in the office of the Secretary of State, at which any
3 process, notice or demand required or permitted by law may be
4 served upon the registered agent of the corporation.
5 (m) "Insolvent" means that a corporation is unable to
6 pay its debts as they become due in the usual course of its
7 business.
8 (n) "Anniversary" means that day each year exactly one
9 or more years after:
10 (1) the date on the certificate of incorporation
11 issued under Section 2.10 of this Act, in the case of a
12 domestic corporation;
13 (2) the date on the certificate of authority issued
14 under Section 13.15 of this Act, in the case of a foreign
15 corporation; or
16 (3) the date on the certificate of consolidation
17 issued under Section 11.25 of this Act in the case of a
18 consolidation, unless the plan of consolidation provides
19 for a delayed effective date, pursuant to Section 11.40.
20 (o) "Anniversary month" means the month in which the
21 anniversary of the corporation occurs.
22 (p) "Extended filing month" means the month (if any)
23 which shall have been established in lieu of the
24 corporation's anniversary month in accordance with Section
25 14.01.
26 (q) "Taxable year" means that 12 month period commencing
27 with the first day of the anniversary month of a corporation
28 through the last day of the month immediately preceding the
29 next occurrence of the anniversary month of the corporation,
30 except that in the case of a corporation that has established
31 an extended filing month "taxable year" means that 12 month
32 period commencing with the first day of the extended filing
33 month through the last day of the month immediately preceding
34 the next occurrence of the extended filing month.
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1 (r) "Fiscal year" means the 12 month period with respect
2 to which a corporation ordinarily files its federal income
3 tax return.
4 (s) "Close corporation" means a corporation organized
5 under or electing to be subject to Article 2A of this Act,
6 the articles of incorporation of which contain the provisions
7 required by Section 2.10, and either the corporation's
8 articles of incorporation or an agreement entered into by all
9 of its shareholders provide that all of the issued shares of
10 each class shall be subject to one or more of the
11 restrictions on transfer set forth in Section 6.55 of this
12 Act.
13 (t) "Common shares" means shares which have no
14 preference over any other shares with respect to distribution
15 of assets on liquidation or with respect to payment of
16 dividends.
17 (u) "Delivered", for the purpose of determining if any
18 notice required by this Act is effective, means:
19 (1) transferred or presented to someone in person;
20 or
21 (2) deposited in the United States Mail addressed
22 to the person at his, her or its address as it appears on
23 the records of the corporation, with sufficient
24 first-class postage prepaid thereon.
25 (v) "Property" means gross assets including, without
26 limitation, all real, personal, tangible, and intangible
27 property.
28 (w) "Taxable period" means that 12-month period
29 commencing with the first day of the second month preceding
30 the corporation's anniversary month in the preceding year and
31 prior to the first day of the second month immediately
32 preceding its anniversary month in the current year, except
33 that, in the case of a corporation that has established an
34 extended filing month, "taxable period" means that 12-month
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1 period ending with the last day of its fiscal year
2 immediately preceding the extended filing month. In the case
3 of a newly formed domestic corporation or a newly registered
4 foreign corporation that had not commenced transacting
5 business in this State prior to obtaining a certificate of
6 authority, "taxable period" means that period commencing with
7 the issuance of a certificate of incorporation or, in the
8 case of a foreign corporation, of a certificate of authority,
9 and prior to the first day of the second month immediately
10 preceding its anniversary month in the next succeeding year.
11 (x) "Treasury shares" mean (1) shares of a corporation
12 that have been issued, have been subsequently acquired by and
13 belong to the corporation, and have not been cancelled or
14 restored to the status of authorized but unissued shares and
15 (2) shares (i) declared and paid as a share dividend on the
16 shares referred to in clause (1) or this clause (2), or (ii)
17 issued in a share split of the shares referred to in clause
18 (1) or this clause (2). Treasury shares shall be deemed to
19 be "issued" shares but not "outstanding" shares. Treasury
20 shares may not be voted, directly or indirectly, at any
21 meeting or otherwise. Shares converted into or exchanged for
22 other shares of the corporation shall not be deemed to be
23 treasury shares.
24 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97;
25 90-421, eff. 1-1-98; revised 10-30-97.)
26 Section 188. The Uniform Commercial Code is amended by
27 changing Section 4A-204 as follows:
28 (810 ILCS 5/4A-204) (from Ch. 26, par. 4A-204)
29 Sec. 4A-204. Refund of payment and duty of customer to
30 report with respect to an unauthorized authorized payment
31 order.
32 (a) If a receiving bank accepts a payment order issued in
HB1268 Enrolled -1390- LRB9000999EGfg
1 the name of its customer as sender which is (i) not
2 authorized and not effective as the order of the customer
3 under Section 4A-202, or (ii) not enforceable, in whole or in
4 part, against the customer under Section 4A-203, the bank
5 shall refund any payment of the payment order received from
6 the customer to the extent the bank is not entitled to
7 enforce payment and shall pay interest on the refundable
8 amount calculated from the date the bank received payment to
9 the date of the refund. However, the customer is not
10 entitled to interest from the bank on the amount to be
11 refunded if the customer fails to exercise ordinary care to
12 determine that the order was not authorized by the customer
13 and to notify the bank of the relevant facts within a
14 reasonable time not exceeding 90 days after the date the
15 customer received notification from the bank that the order
16 was accepted or that the customer's account was debited with
17 respect to the order. The bank is not entitled to any
18 recovery from the customer on account of a failure by the
19 customer to give notification as stated in this Section.
20 (b) Reasonable time under subsection (a) may be fixed by
21 agreement as stated in Section 1-204(1), but the obligation
22 of a receiving bank to refund payment as stated in subsection
23 (a) may not otherwise be varied by agreement.
24 (Source: P.A. 86-1291; revised 12-18-97.)
25 Section 189. The Illinois Securities Law of 1953 is
26 amended by changing Sections 2.3 and 8 as follows:
27 (815 ILCS 5/2.3) (from Ch. 121 1/2, par. 137.2-3)
28 Sec. 2.3. "Person" means an individual, a corporation, a
29 partnership, an association, a joint stock company, a limited
30 liability company, a limited liability partnership, a trust
31 or any unincorporated organization. As used in this Section,
32 "trust" includes only a trust where the interest or interests
HB1268 Enrolled -1391- LRB9000999EGfg
1 of the beneficiary or beneficiaries is a security.
2 (Source: P.A. 90-70, eff. 7-8-97; revised 8-13-97.)
3 (815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)
4 Sec. 8. Registration of dealers, limited Canadian
5 dealers, salespersons, investment advisers, and investment
6 adviser representatives.
7 A. Except as otherwise provided in this subsection A,
8 every dealer, limited Canadian dealer, salesperson,
9 investment adviser, and investment adviser representative
10 shall be registered as such with the Secretary of State. No
11 dealer or salesperson need be registered as such when
12 offering or selling securities in transactions believed in
13 good faith to be exempted by subsection A, B, C, D, E, G, H,
14 I, J, K, M, O, P, Q, R or S of Section 4 of this Act,
15 provided that such dealer or salesperson is not regularly
16 engaged in the business of offering or selling securities in
17 reliance upon the exemption set forth in subsection G or M of
18 Section 4 of this Act. No dealer, issuer or controlling
19 person shall employ a salesperson unless such salesperson is
20 registered as such with the Secretary of State or is employed
21 for the purpose of offering or selling securities solely in
22 transactions believed in good faith to be exempted by
23 subsection A, B, C, D, E, G, H, I, J, K, L, M, O, P, Q, R or
24 S of Section 4 of this Act; provided that such salesperson
25 need not be registered when effecting transactions in this
26 State limited to those transactions described in Section
27 15(h)(2) of the Federal 1934 Act or engaging in the offer or
28 sale of securities in respect of which he or she has
29 beneficial ownership and is a controlling person. The
30 Secretary of State may, by rule, regulation or order and
31 subject to such terms, conditions as fees as may be
32 prescribed in such rule, regulation or order, exempt from the
33 registration requirements of this Section 8 any investment
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1 adviser, if the Secretary of State shall find that such
2 registration is not necessary in the public interest by
3 reason of the small number of clients or otherwise limited
4 character of operation of such investment adviser.
5 B. An application for registration as a dealer or
6 limited Canadian dealer, executed, verified, or authenticated
7 by or on behalf of the applicant, shall be filed with the
8 Secretary of State, in such form as the Secretary of State
9 may by rule, regulation or order prescribe, setting forth or
10 accompanied by:
11 (1) The name and address of the applicant, the
12 location of its principal business office and all branch
13 offices, if any, and the date of its organization;
14 (2) A statement of any other Federal or state
15 licenses or registrations which have been granted the
16 applicant and whether any such licenses or registrations
17 have ever been refused, cancelled, suspended, revoked or
18 withdrawn;
19 (3) The assets and all liabilities, including
20 contingent liabilities of the applicant, as of a date not
21 more than 60 days prior to the filing of the application;
22 (4) (a) A brief description of any civil or
23 criminal proceeding of which fraud is an essential
24 element pending against the applicant and whether the
25 applicant has ever been convicted of a felony, or of any
26 misdemeanor of which fraud is an essential element;
27 (b) A list setting forth the name, residence and
28 business address and a 10 year occupational statement of
29 each principal of the applicant and a statement
30 describing briefly any civil or criminal proceedings of
31 which fraud is an essential element pending against any
32 such principal and the facts concerning any conviction of
33 any such principal of a felony, or of any misdemeanor of
34 which fraud is an essential element;
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1 (5) If the applicant is a corporation: a list of
2 its officers and directors setting forth the residence
3 and business address of each; a 10-year occupational
4 statement of each such officer or director; and a
5 statement describing briefly any civil or criminal
6 proceedings of which fraud is an essential element
7 pending against each such officer or director and the
8 facts concerning any conviction of any officer or
9 director of a felony, or of any misdemeanor of which
10 fraud is an essential element;
11 (6) If the applicant is a sole proprietorship, a
12 partnership, limited liability company, an unincorporated
13 association or any similar form of business organization:
14 the name, residence and business address of the
15 proprietor or of each partner, member, officer, director,
16 trustee or manager; the limitations, if any, of the
17 liability of each such individual; a 10-year occupational
18 statement of each such individual; a statement describing
19 briefly any civil or criminal proceedings of which fraud
20 is an essential element pending against each such
21 individual and the facts concerning any conviction of any
22 such individual of a felony, or of any misdemeanor of
23 which fraud is an essential element;
24 (7) Such additional information as the Secretary of
25 State may by rule or regulation prescribe as necessary to
26 determine the applicant's financial responsibility,
27 business repute and qualification to act as a dealer.
28 (8) (a) No applicant shall be registered or
29 re-registered as a dealer or limited Canadian dealer
30 under this Section unless and until each principal of the
31 dealer has passed an examination conducted by the
32 Secretary of State or a self-regulatory organization of
33 securities dealers or similar person, which examination
34 has been designated by the Secretary of State by rule,
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1 regulation or order to be satisfactory for purposes of
2 determining whether the applicant has sufficient
3 knowledge of the securities business and laws relating
4 thereto to act as a registered dealer. Any dealer who was
5 registered on September 30, 1963, and has continued to be
6 so registered; and any principal of any registered
7 dealer, who was acting in such capacity on and
8 continuously since September 30, 1963; and any individual
9 who has previously passed a securities dealer examination
10 administered by the Secretary of State or any examination
11 designated by the Secretary of State to be satisfactory
12 for purposes of determining whether the applicant has
13 sufficient knowledge of the securities business and laws
14 relating thereto to act as a registered dealer by rule,
15 regulation or order, shall not be required to pass an
16 examination in order to continue to act in such capacity.
17 The Secretary of State may by order waive the examination
18 requirement for any principal of an applicant for
19 registration under this subsection B who has had such
20 experience or education relating to the securities
21 business as may be determined by the Secretary of State
22 to be the equivalent of such examination. Any request
23 for such a waiver shall be filed with the Secretary of
24 State in such form as may be prescribed by rule or
25 regulation.
26 (b) Unless an applicant is a member of the body
27 corporate known as the Securities Investor Protection
28 Corporation established pursuant to the Act of Congress
29 of the United States known as the Securities Investor
30 Protection Act of 1970, as amended, a member of an
31 association of dealers registered as a national
32 securities association pursuant to Section 15A of the
33 Federal 1934 Act, or a member of a self-regulatory
34 organization or stock exchange in Canada which the
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1 Secretary of State has designated by rule or order, an
2 applicant shall not be registered or re-registered unless
3 and until there is filed with the Secretary of State
4 evidence that such applicant has in effect insurance or
5 other equivalent protection for each client's cash or
6 securities held by such applicant, and an undertaking
7 that such applicant will continually maintain such
8 insurance or other protection during the period of
9 registration or re-registration. Such insurance or other
10 protection shall be in a form and amount reasonably
11 prescribed by the Secretary of State by rule or
12 regulation.
13 (9) The application for the registration of a
14 dealer or limited Canadian dealer shall be accompanied
15 by a filing fee and a fee for each branch office in this
16 State, in each case in the amount established pursuant to
17 Section 11a of this Act, which fees shall not be
18 returnable in any event.
19 (10) The Secretary of State shall notify the dealer
20 or limited Canadian dealer by written notice (which may
21 be by electronic or facsimile transmission) of the
22 effectiveness of the registration as a dealer in this
23 State.
24 (11) Any change which renders no longer accurate
25 any information contained in any application for
26 registration or re-registration of a dealer or limited
27 Canadian dealer shall be reported to the Secretary of
28 State within 10 business days after the occurrence of
29 such change; but in respect to assets and liabilities
30 only materially adverse changes need be reported.
31 C. Any registered dealer, limited Canadian dealer,
32 issuer, or controlling person desiring to register a
33 salesperson shall file an application with the Secretary of
34 State, in such form as the Secretary of State may by rule or
HB1268 Enrolled -1396- LRB9000999EGfg
1 regulation prescribe, which the salesperson is required by
2 this Section to provide to the dealer, issuer, or controlling
3 person, executed, verified, or authenticated by the
4 salesperson setting forth or accompanied by:
5 (1) The name, residence and business address of the
6 salesperson;
7 (2) Whether any federal or State license or
8 registration as dealer, limited Canadian dealer, or
9 salesperson has ever been refused the salesperson or
10 cancelled, suspended, revoked, or withdrawn;
11 (3) The nature of employment with, and names and
12 addresses of, employers of the salesperson for the 10
13 years immediately preceding the date of application;
14 (4) A brief description of any civil or criminal
15 proceedings of which fraud is an essential element
16 pending against the salesperson, and whether the
17 salesperson has ever been convicted of a felony, or of
18 any misdemeanor of which fraud is an essential element;
19 (5) Such additional information as the Secretary of
20 State may by rule, regulation or order prescribe as
21 necessary to determine the salesperson's business repute
22 and qualification to act as a salesperson; and
23 (6) No individual shall be registered or
24 re-registered as a salesperson under this Section unless
25 and until such individual has passed an examination
26 conducted by the Secretary of State or a self-regulatory
27 organization of securities dealers or similar person,
28 which examination has been designated by the Secretary of
29 State by rule, regulation or order to be satisfactory for
30 purposes of determining whether the applicant has
31 sufficient knowledge of the securities business and laws
32 relating thereto to act as a registered salesperson.
33 Any salesperson who was registered prior to
34 September 30, 1963, and has continued to be so
HB1268 Enrolled -1397- LRB9000999EGfg
1 registered, and any individual who has passed a
2 securities salesperson examination administered by the
3 Secretary of State or an examination designated by the
4 Secretary of State by rule, regulation or order to be
5 satisfactory for purposes of determining whether the
6 applicant has sufficient knowledge of the securities
7 business and laws relating thereto to act as a registered
8 salesperson, shall not be required to pass an examination
9 in order to continue to act as a salesperson. The
10 Secretary of State may by order waive the examination
11 requirement for any applicant for registration under this
12 subsection C who has had such experience or education
13 relating to the securities business as may be determined
14 by the Secretary of State to be the equivalent of such
15 examination. Any request for such a waiver shall be
16 filed with the Secretary of State in such form as may be
17 prescribed by rule, regulation or order.
18 (7) The application for registration of a
19 salesperson shall be accompanied by a filing fee and a
20 Securities Audit and Enforcement Fund fee, each in the
21 amount established pursuant to Section 11a of this Act,
22 which shall not be returnable in any event.
23 (8) Any change which renders no longer accurate any
24 information contained in any application for registration
25 or re-registration as a salesperson shall be reported to
26 the Secretary of State within 10 business days after the
27 occurrence of such change. If the activities are
28 terminated which rendered an individual a salesperson for
29 the dealer, issuer or controlling person, the dealer,
30 issuer or controlling person, as the case may be, shall
31 notify the Secretary of State, in writing, within 30 days
32 of the salesperson's cessation of activities, using the
33 appropriate termination notice form.
34 (9) A registered salesperson may transfer his or
HB1268 Enrolled -1398- LRB9000999EGfg
1 her registration under this Section 8 for the unexpired
2 term thereof from one registered dealer or limited
3 Canadian dealer to another by the giving of notice of the
4 transfer by the new registered dealer or limited Canadian
5 dealer to the Secretary of State in such form and subject
6 to such conditions as the Secretary of State shall by
7 rule or regulation prescribe. The new registered dealer
8 or limited Canadian dealer shall promptly file an
9 application for registration of such salesperson as
10 provided in this subsection C, accompanied by the filing
11 fee prescribed by paragraph (7) of this subsection C.
12 C-5. Except with respect to federal covered investment
13 advisers whose only clients are investment companies as
14 defined in the Federal 1940 Act, other investment advisers,
15 federal covered investment advisers, or any similar person
16 which the Secretary of State may prescribe by rule or order,
17 a federal covered investment adviser shall file with the
18 Secretary of State, prior to acting as a federal covered
19 investment adviser in this State, such documents as have been
20 filed with the Securities and Exchange Commission as the
21 Secretary of State by rule or order may prescribe. The
22 notification of a federal covered investment adviser shall be
23 accompanied by a notification filing fee established pursuant
24 to Section 11a of this Act, which shall not be returnable in
25 any event. Every person acting as a federal covered
26 investment adviser in this State shall file a notification
27 filing and pay an annual notification filing fee established
28 pursuant to Section 11a of this Act, which is not returnable
29 in any event. The failure to file any such notification
30 shall constitute a violation of subsection D of Section 12 of
31 this Act, subject to the penalties enumerated in Section 14
32 of this Act. Until October 10, 1999 or other date as may be
33 legally permissible, a federal covered investment adviser who
34 fails to file the notification or refuses to pay the fees as
HB1268 Enrolled -1399- LRB9000999EGfg
1 required by this subsection shall register as an investment
2 adviser with the Secretary of State under Section 8 of this
3 Act. The civil remedies provided for in subsection A of
4 Section 13 of this Act and the civil remedies of rescission
5 and appointment of receiver, conservator, ancillary receiver,
6 or ancillary conservator provided for in subsection F of
7 Section 13 of this Act shall not be available against any
8 person by reason of the failure to file any such notification
9 or to pay the notification fee or on account of the contents
10 of any such notification.
11 D. An application for registration as an investment
12 adviser, executed, verified, or authenticated by or on behalf
13 of the applicant, shall be filed with the Secretary of State,
14 in such form as the Secretary of State may by rule or
15 regulation prescribe, setting forth or accompanied by:
16 (1) The name and form of organization under which
17 the investment adviser engages or intends to engage in
18 business; the state or country and date of its
19 organization; the location of the adviser's principal
20 business office and branch offices, if any; the names and
21 addresses of the adviser's principal, partners, officers,
22 directors, and persons performing similar functions or,
23 if the investment adviser is an individual, of the
24 individual; and the number of the adviser's employees who
25 perform investment advisory functions;
26 (2) The education, the business affiliations for
27 the past 10 years, and the present business affiliations
28 of the investment adviser and of the adviser's principal,
29 partners, officers, directors, and persons performing
30 similar functions and of any person controlling the
31 investment adviser;
32 (3) The nature of the business of the investment
33 adviser, including the manner of giving advice and
34 rendering analyses or reports;
HB1268 Enrolled -1400- LRB9000999EGfg
1 (4) The nature and scope of the authority of the
2 investment adviser with respect to clients' funds and
3 accounts;
4 (5) The basis or bases upon which the investment
5 adviser is compensated;
6 (6) Whether the investment adviser or any
7 principal, partner, officer, director, person performing
8 similar functions or person controlling the investment
9 adviser (i) within 10 years of the filing of the
10 application has been convicted of a felony, or of any
11 misdemeanor of which fraud is an essential element, or
12 (ii) is permanently or temporarily enjoined by order or
13 judgment from acting as an investment adviser,
14 underwriter, dealer, principal or salesperson, or from
15 engaging in or continuing any conduct or practice in
16 connection with any such activity or in connection with
17 the purchase or sale of any security, and in each case
18 the facts relating to the conviction, order or judgment;
19 (7) (a) A statement as to whether the investment
20 adviser is engaged or is to engage primarily in the
21 business of rendering investment supervisory services;
22 and
23 (b) A statement that the investment adviser will
24 furnish his, her, or its clients with such information as
25 the Secretary of State deems necessary in the form
26 prescribed by the Secretary of State by rule or
27 regulation;
28 (8) Such additional information as the Secretary of
29 State may, by rule, regulation or order prescribe as
30 necessary to determine the applicant's financial
31 responsibility, business repute and qualification to act
32 as an investment adviser.
33 (9) No applicant shall be registered or
34 re-registered as an investment adviser under this Section
HB1268 Enrolled -1401- LRB9000999EGfg
1 unless and until each principal of the applicant who is
2 actively engaged in the conduct and management of the
3 applicant's advisory business in this State has passed an
4 examination or completed an educational program conducted
5 by the Secretary of State or an association of investment
6 advisers or similar person, which examination or
7 educational program has been designated by the Secretary
8 of State by rule, regulation or order to be satisfactory
9 for purposes of determining whether the applicant has
10 sufficient knowledge of the securities business and laws
11 relating thereto to conduct the business of a registered
12 investment adviser.
13 Any person who was a registered investment adviser
14 prior to September 30, 1963, and has continued to be so
15 registered, and any individual who has passed an
16 investment adviser examination administered by the
17 Secretary of State, or passed an examination or completed
18 an educational program designated by the Secretary of
19 State by rule, regulation or order to be satisfactory for
20 purposes of determining whether the applicant has
21 sufficient knowledge of the securities business and laws
22 relating thereto to conduct the business of a registered
23 investment adviser, shall not be required to pass an
24 examination or complete an educational program in order
25 to continue to act as an investment adviser. The
26 Secretary of State may by order waive the examination or
27 educational program requirement for any applicant for
28 registration under this subsection D if the principal of
29 the applicant who is actively engaged in the conduct and
30 management of the applicant's advisory business in this
31 State has had such experience or education relating to
32 the securities business as may be determined by the
33 Secretary of State to be the equivalent of the
34 examination or educational program. Any request for a
HB1268 Enrolled -1402- LRB9000999EGfg
1 waiver shall be filed with the Secretary of State in such
2 form as may be prescribed by rule or regulation.
3 (10) No applicant shall be registered or
4 re-registered as an investment adviser under this Section
5 8 unless the application for registration or
6 re-registration is accompanied by an application for
7 registration or re-registration for each person acting as
8 an investment adviser representative on behalf of the
9 adviser and a Securities Audit and Enforcement Fund fee
10 that shall not be returnable in any event is paid with
11 respect to each investment adviser representative.
12 (11) The application for registration of an
13 investment adviser shall be accompanied by a filing fee
14 and a fee for each branch office in this State, in each
15 case in the amount established pursuant to Section 11a of
16 this Act, which fees shall not be returnable in any
17 event.
18 (12) The Secretary of State shall notify the
19 investment adviser by written notice (which may be by
20 electronic or facsimile transmission) of the
21 effectiveness of the registration as an investment
22 adviser in this State.
23 (13) Any change which renders no longer accurate
24 any information contained in any application for
25 registration or re-registration of an investment adviser
26 shall be reported to the Secretary of State within 10
27 business days after the occurrence of the change. In
28 respect to assets and liabilities of an investment
29 adviser that retains custody of clients' cash or
30 securities or accepts pre-payment of fees in excess of
31 $500 per client and 6 or more months in advance only
32 materially adverse changes need be reported by written
33 notice (which may be by electronic or facsimile
34 transmission) no later than the close of business on the
HB1268 Enrolled -1403- LRB9000999EGfg
1 second business day following the discovery thereof.
2 (14) Each application for registration as an
3 investment adviser shall become effective automatically
4 on the 45th day following the filing of the application,
5 required documents or information, and payment of the
6 required fee unless (i) the Secretary of State has
7 registered the investment adviser prior to that date or
8 (ii) an action with respect to the applicant is pending
9 under Section 11 of this Act.
10 D-5. A registered investment adviser or federal covered
11 investment adviser desiring to register an investment
12 adviser representative shall file an application with the
13 Secretary of State, in the form as the Secretary of State may
14 by rule or order prescribe, which the investment adviser
15 representative is required by this Section to provide to the
16 investment adviser, executed, verified, or authenticated by
17 the investment adviser representative and setting forth or
18 accompanied by:
19 (1) The name, residence, and business address of
20 the investment adviser representative;
21 (2) A statement whether any federal or state
22 license or registration as a dealer, salesperson,
23 investment adviser, or investment adviser representative
24 has ever been refused, canceled, suspended, revoked or
25 withdrawn;
26 (3) The nature of employment with, and names and
27 addresses of, employers of the investment adviser
28 representative for the 10 years immediately preceding the
29 date of application;
30 (4) A brief description of any civil or criminal
31 proceedings, of which fraud is an essential element,
32 pending against the investment adviser representative and
33 whether the investment adviser representative has ever
34 been convicted of a felony or of any misdemeanor of which
HB1268 Enrolled -1404- LRB9000999EGfg
1 fraud is an essential element;
2 (5) Such additional information as the Secretary of
3 State may by rule or order prescribe as necessary to
4 determine the investment adviser representative's
5 business repute or qualification to act as an investment
6 adviser representative;
7 (6) Documentation that the individual has passed an
8 examination conducted by the Secretary of State, an
9 organization of investment advisers, or similar person,
10 which examination has been designated by the Secretary of
11 State by rule or order to be satisfactory for purposes of
12 determining whether the applicant has sufficient
13 knowledge of the investment advisory or securities
14 business and laws relating to that business to act as a
15 registered investment adviser representative; and
16 (7) A Securities Audit and Enforcement Fund fee
17 established under Section 11a of this Act, which shall
18 not be returnable in any event.
19 The Secretary of State may by order waive the examination
20 requirement for an applicant for registration under this
21 subsection D-5 who has had the experience or education
22 relating to the investment advisory or securities business as
23 may be determined by the Secretary of State to be the
24 equivalent of the examination. A request for a waiver shall
25 be filed with the Secretary of State in the form as may be
26 prescribed by rule or order.
27 A change that renders no longer accurate any information
28 contained in any application for registration or
29 re-registration as an investment adviser representative must
30 be reported to the Secretary of State within 10 business days
31 after the occurrence of the change. If the activities that
32 rendered an individual an investment adviser representative
33 for the investment adviser are terminated, the investment
34 adviser shall notify the Secretary of State in writing (which
HB1268 Enrolled -1405- LRB9000999EGfg
1 may be by electronic or facsimile transmission), within 30
2 days of the investment adviser representative's termination,
3 using the appropriate termination notice form as the
4 Secretary of State may prescribe by rule or order.
5 A registered investment adviser representative may
6 transfer his or her registration under this Section 8 for the
7 unexpired term of the registration from one registered
8 investment adviser to another by the giving of notice of the
9 transfer by the new investment adviser to the Secretary of
10 State in the form and subject to the conditions as the
11 Secretary of State shall prescribe. The new registered
12 investment adviser shall promptly file an application for
13 registration of the investment adviser representative as
14 provided in this subsection, accompanied by the Securities
15 Audit and Enforcement Fund fee prescribed by paragraph (7) of
16 this subsection D-5.
17 E. (1) Subject to the provisions of subsection F of
18 Section 11 of this Act, the registration of a dealer, limited
19 Canadian dealer, salesperson, investment adviser, or
20 investment adviser representative may be denied, suspended or
21 revoked if the Secretary of State finds that the dealer,
22 limited Canadian dealer, salesperson, investment adviser, or
23 investment adviser representative or any principal officer,
24 director, partner, member, trustee, manager or any person who
25 performs a similar function of the dealer, limited Canadian
26 dealer, or investment adviser:
27 (a) Has been convicted of any felony during the 10
28 year period preceding the date of filing of any
29 application for registration or at any time thereafter,
30 or of any misdemeanor of which fraud is an essential
31 element;
32 (b) Has engaged in any inequitable practice in the
33 offer or sale of securities or in any fraudulent business
34 practice;
HB1268 Enrolled -1406- LRB9000999EGfg
1 (c) Has failed to account for any money or
2 property, or has failed to deliver any security, to any
3 person entitled thereto when due or within a reasonable
4 time thereafter;
5 (d) In the case of a dealer, limited Canadian
6 dealer, or investment adviser, is insolvent;
7 (e) In the case of a dealer or limited Canadian
8 dealer, (i) has failed reasonably to supervise the
9 securities activities of any of its salespersons and the
10 failure has permitted or facilitated a violation of
11 Section 12 of this Act or (ii) is offering or selling or
12 has offered or sold securities in this State through a
13 salesperson other than a registered salesperson, or, in
14 the case of a salesperson, is selling or has sold
15 securities in this State for a dealer, limited Canadian
16 dealer, issuer or controlling person with knowledge that
17 the dealer, limited Canadian dealer, issuer or
18 controlling person has not complied with the provisions
19 of this Act;
20 (f) In the case of an investment adviser, has
21 failed reasonably to supervise the advisory activities of
22 any of its investment adviser representatives or
23 employees and the failure has permitted or facilitated a
24 violation of Section 12 of this Act;
25 (g) Has violated any of the provisions of this Act;
26 (h) Has made any material misrepresentation to the
27 Secretary of State in connection with any information
28 deemed necessary by the Secretary of State to determine a
29 dealer's, limited Canadian dealer's, or investment
30 adviser's financial responsibility or a dealer's, limited
31 Canadian dealer's, investment adviser's, salesperson's,
32 or investment adviser representative's business repute or
33 qualifications, or has refused to furnish any such
34 information requested by the Secretary of State;
HB1268 Enrolled -1407- LRB9000999EGfg
1 (i) Has had a license or registration under any
2 Federal or State law regulating the offer or sale of
3 securities or commodity futures contracts, refused,
4 cancelled, suspended or withdrawn;
5 (j) Has been suspended or expelled from or refused
6 membership in or association with or limited in any
7 capacity by any self-regulatory organization registered
8 under the Federal 1934 Act or the Federal 1974 Act
9 arising from any fraudulent or deceptive act or a
10 practice in violation of any rule, regulation or standard
11 duly promulgated by the self-regulatory organization;
12 (k) Has had any order entered against it after
13 notice and opportunity for hearing by a securities agency
14 of any state, any foreign government or agency thereof,
15 the Securities and Exchange Commission, or the Federal
16 Commodities Futures Trading Commission arising from any
17 fraudulent or deceptive act or a practice in violation of
18 any statute, rule or regulation administered or
19 promulgated by the agency or commission;
20 (l) In the case of a dealer or limited Canadian
21 dealer, fails to maintain a minimum net capital in an
22 amount which the Secretary of State may by rule or
23 regulation require;
24 (m) Has conducted a continuing course of dealing of
25 such nature as to demonstrate an inability to properly
26 conduct the business of the dealer, limited Canadian
27 dealer, salesperson, investment adviser, or investment
28 adviser representative;
29 (n) Has had, after notice and opportunity for
30 hearing, any injunction or order entered against it or
31 license or registration refused, cancelled, suspended,
32 revoked, withdrawn or limited by any state or federal
33 body, agency or commission regulating banking, insurance,
34 finance or small loan companies, real estate or mortgage
HB1268 Enrolled -1408- LRB9000999EGfg
1 brokers or companies, if the action resulted from any act
2 found by the body, agency or commission to be a
3 fraudulent or deceptive act or practice in violation of
4 any statute, rule or regulation administered or
5 promulgated by the body, agency or commission;
6 (o) Has failed to file a return, or to pay the tax,
7 penalty or interest shown in a filed return, or to pay
8 any final assessment of tax, penalty or interest, as
9 required by any tax Act administered by the Illinois
10 Department of Revenue, until such time as the
11 requirements of that tax Act are satisfied;
12 (p) In the case of a natural person who is a
13 dealer, limited Canadian dealer, salesperson, investment
14 adviser, or investment adviser representative, has
15 defaulted on an educational loan guaranteed by the
16 Illinois Student Assistance Commission, until the natural
17 person has established a satisfactory repayment record as
18 determined by the Illinois Student Assistance Commission;
19 (q) Has failed to maintain the books and records
20 required under this Act or rules or regulations
21 promulgated under this Act within a reasonable time after
22 receiving notice of any deficiency;
23 (r) Has refused to allow or otherwise impeded
24 designees of the Secretary of State from conducting an
25 audit, examination, inspection, or investigation provided
26 for under Section 8 or 11 of this Act;
27 (s) Has failed to maintain any minimum net capital
28 or bond requirement set forth in this Act or any rule or
29 regulation promulgated under this Act;
30 (t) Has refused the Secretary of State or his or
31 her designee access to any office or location within an
32 office to conduct an investigation, audit, examination,
33 or inspection;
34 (u) Has advised or caused a public pension fund or
HB1268 Enrolled -1409- LRB9000999EGfg
1 retirement system established under the Illinois Pension
2 Code to make an investment or engage in a transaction not
3 authorized by that Code.
4 (2) If the Secretary of State finds that any registrant
5 or applicant for registration is no longer in existence or
6 has ceased to do business as a dealer, limited Canadian
7 dealer, salesperson, investment adviser, or investment
8 adviser representative, or is subject to an adjudication as a
9 person under legal disability or to the control of a
10 guardian, or cannot be located after reasonable search, or
11 has failed after written notice to pay to the Secretary of
12 State any additional fee prescribed by this Section or
13 specified by rule or regulation, or if a natural person, has
14 defaulted on an educational loan guaranteed by the Illinois
15 Student Assistance Commission, the Secretary of State may by
16 order cancel the registration or application.
17 (3) Withdrawal of an application for registration or
18 withdrawal from registration as a dealer, limited Canadian
19 dealer, salesperson, investment adviser, or investment
20 adviser representative becomes effective 30 days after
21 receipt of an application to withdraw or within such shorter
22 period of time as the Secretary of State may determine,
23 unless any proceeding is pending under Section 11 of this Act
24 when the application is filed or a proceeding is instituted
25 within 30 days after the application is filed. If a
26 proceeding is pending or instituted, withdrawal becomes
27 effective at such time and upon such conditions as the
28 Secretary of State by order determines. If no proceeding is
29 pending or instituted and withdrawal automatically becomes
30 effective, the Secretary of State may nevertheless institute
31 a revocation or suspension proceeding within one year after
32 withdrawal became effective and enter a revocation or
33 suspension order as of the last date on which registration
34 was effective.
HB1268 Enrolled -1410- LRB9000999EGfg
1 F. The Secretary of State shall make available upon
2 request the date that each dealer, investment adviser,
3 salesperson, or investment adviser representative was granted
4 registration, together with the name and address of the
5 dealer, limited Canadian dealer, or issuer on whose behalf
6 the salesperson is registered, and all orders of the
7 Secretary of State denying or abandoning an application, or
8 suspending or revoking registration, or censuring the
9 persons. The Secretary of State may designate by rule,
10 regulation or order the statements, information or reports
11 submitted to or filed with him or her pursuant to this
12 Section 8 which the Secretary of State determines are of a
13 sensitive nature and therefore should be exempt from public
14 disclosure. Any such statement, information or report shall
15 be deemed confidential and shall not be disclosed to the
16 public except upon the consent of the person filing or
17 submitting the statement, information or report or by order
18 of court or in court proceedings.
19 G. The registration or re-registration of a dealer or
20 limited Canadian dealer and of all salespersons registered
21 upon application of the dealer or limited Canadian dealer
22 shall expire on the next succeeding anniversary date of the
23 registration or re-registration of the dealer; and the
24 registration or re-registration of an investment adviser and
25 of all investment adviser representatives registered upon
26 application of the investment adviser shall expire on the
27 next succeeding anniversary date of the registration of the
28 investment adviser; provided, that the Secretary of State may
29 by rule or regulation prescribe an alternate date which any
30 dealer registered under the Federal 1934 Act or a member of
31 any self-regulatory association approved pursuant thereto, a
32 member of a self-regulatory organization or stock exchange in
33 Canada, or any investment adviser may elect as the expiration
34 date of its dealer or limited Canadian dealer and salesperson
HB1268 Enrolled -1411- LRB9000999EGfg
1 registrations, or the expiration date of its investment
2 adviser registration, as the case may be. A registration of
3 a salesperson registered upon application of an issuer or
4 controlling person shall expire on the next succeeding
5 anniversary date of the registration, or upon termination or
6 expiration of the registration of the securities, if any,
7 designated in the application for his or her registration or
8 the alternative date as the Secretary may prescribe by rule
9 or regulation. Subject to paragraph (9) of subsection C of
10 this Section 8, a salesperson's registration also shall
11 terminate upon cessation of his or her employment, or
12 termination of his or her appointment or authorization, in
13 each case by the person who applied for the salesperson's
14 registration, provided that the Secretary of State may by
15 rule or regulation prescribe an alternate date for the
16 expiration of the registration.
17 H. Applications for re-registration of dealers, limited
18 Canadian dealers, salespersons, investment advisers, and
19 investment adviser representatives shall be filed with the
20 Secretary of State prior to the expiration of the then
21 current registration and shall contain such information as
22 may be required by the Secretary of State upon initial
23 application with such omission therefrom or addition thereto
24 as the Secretary of State may authorize or prescribe. Each
25 application for re-registration of a dealer, limited Canadian
26 dealer, or investment adviser shall be accompanied by a
27 filing fee, each application for re-registration as a
28 salesperson shall be accompanied by a filing fee and a
29 Securities Audit and Enforcement Fund fee established
30 pursuant to Section 11a of this Act, and each application for
31 re-registration as an investment adviser representative shall
32 be accompanied by a Securities Audit and Enforcement Fund fee
33 established under Section 11a of this Act, which shall not be
34 returnable in any event. Notwithstanding the foregoing,
HB1268 Enrolled -1412- LRB9000999EGfg
1 applications for re-registration of dealers, limited Canadian
2 dealers, and investment advisers may be filed within 30 days
3 following the expiration of the registration provided that
4 the applicant pays the annual registration fee together with
5 an additional amount equal to the annual registration fee and
6 files any other information or documents that the Secretary
7 of State may prescribe by rule or regulation or order. Any
8 application filed within 30 days following the expiration of
9 the registration shall be automatically effective as of the
10 time of the earlier expiration provided that the proper fee
11 has been paid to the Secretary of State.
12 Each registered dealer, limited Canadian dealer, or
13 investment adviser shall continue to be registered if the
14 registrant changes his, her, or its form of organization
15 provided that the dealer or investment adviser files an
16 amendment to his, her, or its application not later than 30
17 days following the occurrence of the change and pays the
18 Secretary of State a fee in the amount established under
19 Section 11a of this Act.
20 I. (1) Every registered dealer, limited Canadian dealer,
21 and investment adviser shall make and keep for such periods,
22 such accounts, correspondence, memoranda, papers, books and
23 records as the Secretary of State may by rule or regulation
24 prescribe. All records so required shall be preserved for 3
25 years unless the Secretary of State by rule, regulation or
26 order prescribes otherwise for particular types of records.
27 (2) Every registered dealer, limited Canadian dealer,
28 and investment adviser shall file such financial reports as
29 the Secretary of State may by rule or regulation prescribe.
30 (3) All the books and records referred to in paragraph
31 (1) of this subsection I are subject at any time or from time
32 to time to such reasonable periodic, special or other audits,
33 examinations, or inspections by representatives of the
34 Secretary of State, within or without this State, as the
HB1268 Enrolled -1413- LRB9000999EGfg
1 Secretary of State deems necessary or appropriate in the
2 public interest or for the protection of investors.
3 (4) At the time of an audit, examination, or inspection,
4 the Secretary of State, by his or her designees, may conduct
5 an interview of any person employed or appointed by or
6 affiliated with a registered dealer, limited Canadian dealer,
7 or investment advisor, provided that the dealer, limited
8 Canadian dealer, or investment advisor shall be given
9 reasonable notice of the time and place for the interview.
10 At the option of the dealer, limited Canadian dealer, or
11 investment advisor, a representative of the dealer or
12 investment advisor with supervisory responsibility over the
13 individual being interviewed may be present at the interview.
14 J. The Secretary of State may require by rule or
15 regulation the payment of an additional fee for the filing of
16 information or documents required to be filed by this Section
17 which have not been filed in a timely manner. The Secretary
18 of State may also require by rule or regulation the payment
19 of an examination fee for administering any examination which
20 it may conduct pursuant to subsection B, C, D, or D-5 of this
21 Section 8.
22 K. The Secretary of State may declare any application
23 for registration or limited registration under this Section 8
24 abandoned by order if the applicant fails to pay any fee or
25 file any information or document required under this Section
26 8 or by rule or regulation for more than 30 days after the
27 required payment or filing date. The applicant may petition
28 the Secretary of State for a hearing within 15 days after the
29 applicant's receipt of the order of abandonment, provided
30 that the petition sets forth the grounds upon which the
31 applicant seeks a hearing.
32 L. Any document being filed pursuant to this Section 8
33 shall be deemed filed, and any fee being paid pursuant to
34 this Section 8 shall be deemed paid, upon the date of actual
HB1268 Enrolled -1414- LRB9000999EGfg
1 receipt thereof by the Secretary of State or his or her
2 designee.
3 M. The Secretary of State shall provide to the Illinois
4 Student Assistance Commission annually or at mutually agreed
5 periodic intervals the names and social security numbers of
6 natural persons registered under subsections B, C, D, and D-5
7 of this Section. The Illinois Student Assistance Commission
8 shall determine if any student loan defaulter is registered
9 as a dealer, limited Canadian dealer, salesperson, or
10 investment adviser under this Act and report its
11 determination to the Secretary of State or his or her
12 designee.
13 (Source: P.A. 89-209, eff. 1-1-96; 89-626, eff. 8-9-96;
14 90-70, eff. 7-8-97; 90-507, eff. 8-22-97; revised 11-17-97.)
15 Section 190. The Motor Vehicle Retail Installment Sales
16 Act is amended by changing Sections 11.1 and 20 as follows:
17 (815 ILCS 375/11.1) (from Ch. 121 1/2, par. 571.1)
18 Sec. 11.1. A seller in a retail installment contract may
19 add a "documentary fee" for processing documents and
20 performing services related to closing of a sale. The
21 maximum amount that may be charged by a seller for a
22 documentary fee is the base documentary fee beginning January
23 1, 1992, of $40 which shall be subject to an annual rate
24 adjustment equal to the percentage of change in the Bureau of
25 Labor Statistics Consumer Price Index. Every retail
26 installment contract under this Act shall contain or be
27 accompanied by a notice containing the following information:
28 "DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL
29 FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
30 CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
31 SERVICES RELATED TO CLOSING OF A SALE. THE BASE DOCUMENTARY
32 FEE BEGINNING JANUARY 1, 1992, WAS $40. THE MAXIMUM AMOUNT
HB1268 Enrolled -1415- LRB9000999EGfg
1 THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS THE BASE
2 DOCUMENTARY FEE OF $40 WHICH SHALL BE SUBJECT TO AN ANNUAL
3 RATE ADJUSTMENT EQUAL TO THE PERCENTAGE OF CHANGE IN THE
4 BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX. THIS NOTICE
5 IS REQUIRED BY LAW."
6 (Source: P.A. 90-519, eff. 6-1-98; revised 12-3-97.)
7 (815 ILCS 375/20) (from Ch. 121 1/2, par. 580)
8 Sec. 20. Unless otherwise limited by this Act, the
9 parties shall have the rights and remedies provided in
10 Article 9 of the Uniform Commercial Code with respect to
11 default and, disposition, and recovery redemption of
12 collateral.
13 If the buyer has paid an amount equal to 60% or more of
14 the deferred payment price at the time of his default under
15 the contract and if the buyer, at the request of the holder
16 and without legal proceedings, surrenders the goods to the
17 holder in ordinary condition and free from malicious damage,
18 the holder must, within a period of 5 days from the date of
19 receipt of the goods at his place of business, elect either
20 (a) to retain the goods and release the buyer from further
21 obligation under the contract, or (b) to return the goods to
22 the buyer at the holder's expense and be limited to an action
23 to recover the balance of the indebtedness.
24 If the buyer has paid an amount equal to 30% or more of
25 the deferred payment price at the time of repossession, the
26 buyer shall have the right to reinstate the contract and
27 recover the collateral from the holder within 15 days from
28 the date of repossession by tendering (a) the total of all
29 unpaid amounts, including any unpaid delinquency or deferral
30 charges due at the time of tender, without acceleration, and
31 (b) performance necessary to cure any default other than
32 nonpayment of the amounts due; and (c) any reasonable cost or
33 fees incurred by the holder in the retaking of the goods.
HB1268 Enrolled -1416- LRB9000999EGfg
1 Tender of payment and performance pursuant to this Section
2 restores to the buyer his rights under the contract as though
3 no default had occurred. The buyer has a right to reinstate
4 the contract and recover the collateral from the holder only
5 once under this Section. The holder may, in the holder's sole
6 discretion, extend the period during which the buyer may
7 reinstate the contract and recover redeem the collateral
8 beyond the 15 days allowed under this Section, and the
9 extension shall not subject the holder to liability to the
10 buyer under the laws of this State.
11 The holder must give written notice to the buyer, within
12 3 days of the repossession, of the buyer's right to reinstate
13 the contract and recover the collateral pursuant to this
14 Section. The written notice shall be in substantially the
15 following form:
16 NOTICE OF RIGHT TO RECOVER VEHICLE
17 Your vehicle was repossessed on (specify date) for
18 failure to make payments on the contract (or other reason).
19 Under Illinois law, because you have paid at least 30% of
20 the deferred payment price before repossession, you may be
21 able to get the vehicle back. You have the right to recover
22 the vehicle if you do the following within 15 days of the
23 date of repossession:
24 1. Make payment of all back payments due as
25 of the date of this notice. $
26 2. Pay any late charges due. $
27 3. Pay the costs of repossession. $
28 TOTAL AMOUNT DUE as of the date of
29 this notice: $
30 4. Plus pay any additional amounts which
31 may become due between the date of this
32 the notice and the date of
33 reinstatement. $
34 AMOUNT NOW DUE
HB1268 Enrolled -1417- LRB9000999EGfg
1 Bring cash, a certified check or a money order for the
2 total amount now due that is plus any additional amounts
3 which may become due between the date of this notice and the
4 date of the reinstatement to our office located at (specify
5 address) by (specify date) to get your vehicle back.
6 (Source: P.A. 90-343, eff. 8-8-97; 90-437, eff. 1-1-98;
7 revised 2-7-98.)
8 Section 191. The Ophthalmic Advertising Act is amended
9 by changing Section 0.01 as follows:
10 (815 ILCS 385/0.01) (from Ch. 121 1/2, par. 349)
11 Sec. 0.01. Short title. This Act may be cited as the
12 Ophthalmic Opthalmic Advertising Act.
13 (Source: P.A. 86-1324; revised 7-11-97.)
14 Section 192. The Motor Vehicle Franchise Act is amended
15 by changing Section 4 as follows:
16 (815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
17 Sec. 4. Unfair competition and practices.
18 (a) The unfair methods of competition and unfair and
19 deceptive acts or practices listed in this Section are hereby
20 declared to be unlawful. In construing the provisions of this
21 Section, the courts may be guided by the interpretations of
22 the Federal Trade Commission Act (15 U.S.C. 45 et. seq.), as
23 from time to time amended.
24 (b) It shall be deemed a violation for any manufacturer,
25 factory branch, factory representative, distributor or
26 wholesaler, distributor branch, distributor representative or
27 motor vehicle dealer to engage in any action with respect to
28 a franchise which is arbitrary, in bad faith or
29 unconscionable and which causes damage to any of the parties
30 or to the public.
HB1268 Enrolled -1418- LRB9000999EGfg
1 (c) It shall be deemed a violation for a manufacturer, a
2 distributor, a wholesaler, a distributor branch or division,
3 a factory branch or division, or a wholesale branch or
4 division, or officer, agent or other representative thereof,
5 to coerce, or attempt to coerce, any motor vehicle dealer:
6 (1) to accept, buy or order any motor vehicle or
7 vehicles, appliances, equipment, parts or accessories
8 therefor, or any other commodity or commodities or
9 service or services which such motor vehicle dealer has
10 not voluntarily ordered or requested except items
11 required by applicable local, state or federal law; or to
12 require a motor vehicle dealer to accept, buy, order or
13 purchase such items in order to obtain any motor vehicle
14 or vehicles or any other commodity or commodities which
15 have been ordered or requested by such motor vehicle
16 dealer;
17 (2) to order or accept delivery of any motor
18 vehicle with special features, appliances, accessories or
19 equipment not included in the list price of the motor
20 vehicles as publicly advertised by the manufacturer
21 thereof, except items required by applicable law; or
22 (3) to order for anyone any parts, accessories,
23 equipment, machinery, tools, appliances or any commodity
24 whatsoever, except items required by applicable law.
25 (d) It shall be deemed a violation for a manufacturer, a
26 distributor, a wholesaler, a distributor branch or division,
27 or officer, agent or other representative thereof:
28 (1) to adopt, change, establish or implement a plan
29 or system for the allocation and distribution of new
30 motor vehicles to motor vehicle dealers which is
31 arbitrary or capricious or to modify an existing plan so
32 as to cause the same to be arbitrary or capricious;
33 (2) to fail or refuse to advise or disclose to any
34 motor vehicle dealer having a franchise or selling
HB1268 Enrolled -1419- LRB9000999EGfg
1 agreement, upon written request therefor, the basis upon
2 which new motor vehicles of the same line make are
3 allocated or distributed to motor vehicle dealers in the
4 State and the basis upon which the current allocation or
5 distribution is being made or will be made to such motor
6 vehicle dealer;
7 (3) to refuse to deliver in reasonable quantities
8 and within a reasonable time after receipt of dealer's
9 order, to any motor vehicle dealer having a franchise or
10 selling agreement for the retail sale of new motor
11 vehicles sold or distributed by such manufacturer,
12 distributor, wholesaler, distributor branch or division,
13 factory branch or division or wholesale branch or
14 division, any such motor vehicles as are covered by such
15 franchise or selling agreement specifically publicly
16 advertised in the State by such manufacturer,
17 distributor, wholesaler, distributor branch or division,
18 factory branch or division, or wholesale branch or
19 division to be available for immediate delivery.
20 However, the failure to deliver any motor vehicle shall
21 not be considered a violation of this Act if such failure
22 is due to an act of God, a work stoppage or delay due to
23 a strike or labor difficulty, a shortage of materials, a
24 lack of manufacturing capacity, a freight embargo or
25 other cause over which the manufacturer, distributor, or
26 wholesaler, or any agent thereof has no control;
27 (4) to coerce, or attempt to coerce, any motor
28 vehicle dealer to enter into any agreement with such
29 manufacturer, distributor, wholesaler, distributor branch
30 or division, factory branch or division, or wholesale
31 branch or division, or officer, agent or other
32 representative thereof, or to do any other act
33 prejudicial to the dealer by threatening to reduce his
34 allocation of motor vehicles or cancel any franchise or
HB1268 Enrolled -1420- LRB9000999EGfg
1 any selling agreement existing between such manufacturer,
2 distributor, wholesaler, distributor branch or division,
3 or factory branch or division, or wholesale branch or
4 division, and the dealer. However, notice in good faith
5 to any motor vehicle dealer of the dealer's violation of
6 any terms or provisions of such franchise or selling
7 agreement or of any law or regulation applicable to the
8 conduct of a motor vehicle dealer shall not constitute a
9 violation of this Act;
10 (5) to require a franchisee to participate in an
11 advertising campaign or contest or any promotional
12 campaign, or to purchase or lease any promotional
13 materials, training materials, show room or other display
14 decorations or materials at the expense of the
15 franchisee;
16 (6) to cancel or terminate the franchise or selling
17 agreement of a motor vehicle dealer without good cause
18 and without giving notice as hereinafter provided; to
19 fail or refuse to extend the franchise or selling
20 agreement of a motor vehicle dealer upon its expiration
21 without good cause and without giving notice as
22 hereinafter provided; or, to offer a renewal, replacement
23 or succeeding franchise or selling agreement containing
24 terms and provisions the effect of which is to
25 substantially change or modify the sales and service
26 obligations or capital requirements of the motor vehicle
27 dealer arbitrarily and without good cause and without
28 giving notice as hereinafter provided notwithstanding any
29 term or provision of a franchise or selling agreement.
30 (A) If a manufacturer, distributor,
31 wholesaler, distributor branch or division, factory
32 branch or division or wholesale branch or division
33 intends to cancel or terminate a franchise or
34 selling agreement or intends not to extend or renew
HB1268 Enrolled -1421- LRB9000999EGfg
1 a franchise or selling agreement on its expiration,
2 it shall send a letter by certified mail, return
3 receipt requested, to the affected franchisee at
4 least 60 days before the effective date of the
5 proposed action, or not later than 10 days before
6 the proposed action when the reason for the action
7 is based upon either of the following:
8 (i) the business operations of the
9 franchisee have been abandoned or the
10 franchisee has failed to conduct customary
11 sales and service operations during customary
12 business hours for at least 7 consecutive
13 business days unless such closing is due to an
14 act of God, strike or labor difficulty or other
15 cause over which the franchisee has no control;
16 or
17 (ii) the conviction of or plea of nolo
18 contendere by the motor vehicle dealer or any
19 operator thereof in a court of competent
20 jurisdiction to an offense punishable by
21 imprisonment for more than two years.
22 Each notice of proposed action shall include a
23 detailed statement setting forth the specific
24 grounds for the proposed cancellation, termination,
25 or refusal to extend or renew.
26 (B) If a manufacturer, distributor,
27 wholesaler, distributor branch or division, factory
28 branch or division or wholesale branch or division
29 intends to change substantially or modify the sales
30 and service obligations or capital requirements of a
31 motor vehicle dealer as a condition to extending or
32 renewing the existing franchise or selling agreement
33 of such motor vehicle dealer, it shall send a letter
34 by certified mail, return receipt requested, to the
HB1268 Enrolled -1422- LRB9000999EGfg
1 affected franchisee at least 60 days before the
2 date of expiration of the franchise or selling
3 agreement. Each notice of proposed action shall
4 include a detailed statement setting forth the
5 specific grounds for the proposed action.
6 (C) Within 15 days from receipt of the notice
7 under subparagraphs (A) and (B), the franchisee may
8 file with the Board a written protest against the
9 proposed action.
10 When the protest has been timely filed, the
11 Board shall enter an order, fixing a date (within 60
12 days of the date of the order), time, and place of a
13 hearing on the protest required under Sections 12
14 and 29 of this Act, and send by certified mail,
15 return receipt requested, a copy of the order to the
16 manufacturer that filed the notice of intention of
17 the proposed action and to the protesting dealer or
18 franchisee.
19 The manufacturer shall have the burden of proof
20 to establish that good cause exists to cancel or
21 terminate, or fail to extend or renew the franchise
22 or selling agreement of a motor vehicle dealer or
23 franchisee, and to change substantially or modify
24 the sales and service obligations or capital
25 requirements of a motor vehicle dealer as a
26 condition to extending or renewing the existing
27 franchise or selling agreement. The determination
28 whether good cause exists to cancel, terminate, or
29 refuse to renew or extend the franchise or selling
30 agreement, or to change or modify the obligations of
31 the dealer as a condition to offer renewal,
32 replacement, or succession shall be made by the
33 Board under subsection (d) of Section 12 of this
34 Act.
HB1268 Enrolled -1423- LRB9000999EGfg
1 (D) Notwithstanding the terms, conditions, or
2 provisions of a franchise or selling agreement, the
3 following shall not constitute good cause for
4 cancelling or terminating or failing to extend or
5 renew the franchise or selling agreement: (i) the
6 change of ownership or executive management of the
7 franchisee's dealership; or (ii) the fact that the
8 franchisee or owner of an interest in the franchise
9 owns, has an investment in, participates in the
10 management of, or holds a license for the sale of
11 the same or any other line make of new motor
12 vehicles.
13 Good cause shall exist to cancel, terminate or
14 fail to offer a renewal or replacement franchise or
15 selling agreement to all franchisees of a line make
16 if the manufacturer permanently discontinues the
17 manufacture or assembly of motor vehicles of such
18 line make.
19 (E) The manufacturer may not cancel or
20 terminate, or fail to extend or renew a franchise or
21 selling agreement or change or modify the
22 obligations of the franchisee as a condition to
23 offering a renewal, replacement, or succeeding
24 franchise or selling agreement before the hearing
25 process is concluded as prescribed by this Act, and
26 thereafter, if the Board determines that the
27 manufacturer has failed to meet its burden of proof
28 and that good cause does not exist to allow the
29 proposed action; or
30 (7) notwithstanding the terms of any franchise
31 agreement, to fail to indemnify and hold harmless its
32 franchised dealers against any judgment or settlement for
33 damages, including, but not limited to, court costs and
34 reasonable attorneys' fees of the new motor vehicle
HB1268 Enrolled -1424- LRB9000999EGfg
1 dealer, arising out of complaints, claims or lawsuits
2 including, but not limited to, strict liability,
3 negligence, misrepresentation, warranty (express or
4 implied), or recision of the sale as defined in Section
5 2-608 of the Uniform Commercial Code, to the extent that
6 the judgment or settlement relates to the alleged
7 defective or negligent manufacture, assembly or design of
8 new motor vehicles, parts or accessories or other
9 functions by the manufacturer, beyond the control of the
10 dealer.
11 (e) It shall be deemed a violation for a manufacturer, a
12 distributor, a wholesaler, a distributor branch or division
13 or officer, agent or other representative thereof:
14 (1) to resort to or use any false or misleading
15 advertisement in connection with his business as such
16 manufacturer, distributor, wholesaler, distributor branch
17 or division or officer, agent or other representative
18 thereof;
19 (2) to offer to sell or lease, or to sell or lease,
20 any new motor vehicle to any motor vehicle dealer at a
21 lower actual price therefor than the actual price offered
22 to any other motor vehicle dealer for the same model
23 vehicle similarly equipped or to utilize any device
24 including, but not limited to, sales promotion plans or
25 programs which result in such lesser actual price or
26 fail to make available to any motor vehicle dealer any
27 preferential pricing, incentive, rebate, finance rate, or
28 low interest loan program offered to competing motor
29 vehicle dealers in other contiguous states. However, the
30 provisions of this paragraph shall not apply to sales to
31 a motor vehicle dealer for resale to any unit of the
32 United States Government, the State or any of its
33 political subdivisions;
34 (3) to offer to sell or lease, or to sell or lease,
HB1268 Enrolled -1425- LRB9000999EGfg
1 any new motor vehicle to any person, except a wholesaler,
2 distributor or manufacturer's employees at a lower actual
3 price therefor than the actual price offered and charged
4 to a motor vehicle dealer for the same model vehicle
5 similarly equipped or to utilize any device which results
6 in such lesser actual price. However, the provisions of
7 this paragraph shall not apply to sales to a motor
8 vehicle dealer for resale to any unit of the United
9 States Government, the State or any of its political
10 subdivisions;
11 (4) to prevent or attempt to prevent by contract or
12 otherwise any motor vehicle dealer or franchisee from
13 changing the executive management control of the motor
14 vehicle dealer or franchisee unless the franchiser,
15 having the burden of proof, proves that such change of
16 executive management will result in executive management
17 control by a person or persons who are not of good moral
18 character or who do not meet the franchiser's existing
19 and, with consideration given to the volume of sales and
20 service of the dealership, uniformly applied minimum
21 business experience standards in the market area. However
22 where the manufacturer rejects a proposed change in
23 executive management control, the manufacturer shall give
24 written notice of his reasons to the dealer within 60
25 days of notice to the manufacturer by the dealer of the
26 proposed change. If the manufacturer does not send a
27 letter to the franchisee by certified mail, return
28 receipt requested, within 60 days from receipt by the
29 manufacturer of the proposed change, then the change of
30 the executive management control of the franchisee shall
31 be deemed accepted as proposed by the franchisee, and the
32 manufacturer shall give immediate effect to such change;
33 (5) to prevent or attempt to prevent by contract or
34 otherwise any motor vehicle dealer from establishing or
HB1268 Enrolled -1426- LRB9000999EGfg
1 changing the capital structure of his dealership or the
2 means by or through which he finances the operation
3 thereof; provided the dealer meets any reasonable capital
4 standards agreed to between the dealer and the
5 manufacturer, distributor or wholesaler, who may require
6 that the sources, method and manner by which the dealer
7 finances or intends to finance its operation, equipment
8 or facilities be fully disclosed;
9 (6) to refuse to give effect to or prevent or
10 attempt to prevent by contract or otherwise any motor
11 vehicle dealer or any officer, partner or stockholder of
12 any motor vehicle dealer from selling or transferring any
13 part of the interest of any of them to any other person
14 or persons or party or parties unless such sale or
15 transfer is to a transferee who would not otherwise
16 qualify for a new motor vehicle dealers license under
17 "The Illinois Vehicle Code" or unless the franchiser,
18 having the burden of proof, proves that such sale or
19 transfer is to a person or party who is not of good moral
20 character or does not meet the franchiser's existing and
21 reasonable capital standards and, with consideration
22 given to the volume of sales and service of the
23 dealership, uniformly applied minimum business experience
24 standards in the market area. However, nothing herein
25 shall be construed to prevent a franchiser from
26 implementing affirmative action programs providing
27 business opportunities for minorities or from complying
28 with applicable federal, State or local law:
29 (A) If the manufacturer intends to refuse to
30 approve the sale or transfer of all or a part of the
31 interest, then it shall, within 60 days from receipt
32 of the completed application forms generally
33 utilized by a manufacturer to conduct its review and
34 a copy of all agreements regarding the proposed
HB1268 Enrolled -1427- LRB9000999EGfg
1 transfer, send a letter by certified mail, return
2 receipt requested, advising the franchisee of any
3 refusal to approve the sale or transfer of all or
4 part of the interest. The notice shall set forth
5 specific criteria used to evaluate the prospective
6 transferee and the grounds for refusing to approve
7 the sale or transfer to that transferee. Within 15
8 days from the franchisee's receipt of the
9 manufacturer's notice, the franchisee may file with
10 the Board a written protest against the proposed
11 action.
12 When a protest has been timely filed, the Board
13 shall enter an order, fixing the date (within 60
14 days of the date of such order), time, and place of
15 a hearing on the protest, required under Sections 12
16 and 29 of this Act, and send by certified mail,
17 return receipt requested, a copy of the order to the
18 manufacturer that filed notice of intention of the
19 proposed action and to the protesting franchisee.
20 The manufacturer shall have the burden of proof
21 to establish that good cause exists to refuse to
22 approve the sale or transfer to the transferee. The
23 determination whether good cause exists to refuse to
24 approve the sale or transfer shall be made by the
25 Board under subdivisions (6)(B). The manufacturer
26 shall not refuse to approve the sale or transfer by
27 a dealer or an officer, partner, or stockholder of a
28 franchise or any part of the interest to any person
29 or persons before the hearing process is concluded
30 as prescribed by this Act, and thereafter if the
31 Board determines that the manufacturer has failed to
32 meet its burden of proof and that good cause does
33 not exist to refuse to approve the sale or transfer
34 to the transferee.
HB1268 Enrolled -1428- LRB9000999EGfg
1 (B) Good cause to refuse to approve such sale
2 or transfer under this Section is established when
3 such sale or transfer is to a transferee who would
4 not otherwise qualify for a new motor vehicle
5 dealers license under "The Illinois Vehicle Code" or
6 such sale or transfer is to a person or party who is
7 not of good moral character or does not meet the
8 franchiser's existing and reasonable capital
9 standards and, with consideration given to the
10 volume of sales and service of the dealership,
11 uniformly applied minimum business experience
12 standards in the market area.
13 (7) to obtain money, goods, services, anything of
14 value, or any other benefit from any other person with
15 whom the motor vehicle dealer does business, on account
16 of or in relation to the transactions between the dealer
17 and the other person as compensation, except for services
18 actually rendered, unless such benefit is promptly
19 accounted for and transmitted to the motor vehicle
20 dealer;
21 (8) to grant an additional franchise in the
22 relevant market area of an existing franchise of the same
23 line make or to relocate an existing motor vehicle
24 dealership within or into a relevant market area of an
25 existing franchise of the same line make. However, if the
26 manufacturer wishes to grant such an additional franchise
27 to an independent person in a bona fide relationship in
28 which such person is prepared to make a significant
29 investment subject to loss in such a dealership, or if
30 the manufacturer wishes to relocate an existing motor
31 vehicle dealership, then the manufacturer shall send a
32 letter by certified mail, return receipt requested, to
33 each existing dealer or dealers of the same line make
34 whose relevant market area includes the proposed location
HB1268 Enrolled -1429- LRB9000999EGfg
1 of the additional or relocated franchise at least 60 days
2 before the manufacturer grants an additional franchise or
3 relocates an existing franchise of the same line make
4 within or into the relevant market area of an existing
5 franchisee of the same line make. Each notice shall set
6 forth the specific grounds for the proposed grant of an
7 additional or relocation of an existing franchise.
8 Unless the parties agree upon the grant or establishment
9 of the additional or relocated franchise within 15 days
10 from the date the notice was received by the existing
11 franchisee of the same line make or any person entitled
12 to receive such notice, the franchisee or other person
13 may file with the Board a written protest against the
14 grant or establishment of the proposed additional or
15 relocated franchise.
16 When a protest has been timely filed, the Board
17 shall enter an order fixing a date (within 60 days of the
18 date of the order), time, and place of a hearing on the
19 protest, required under Sections 12 and 29 of this Act,
20 and send by certified or registered mail, return receipt
21 requested, a copy of the order to the manufacturer that
22 filed the notice of intention to grant or establish the
23 proposed additional or relocated franchise and to the
24 protesting dealer or dealers of the same line make whose
25 relevant market area includes the proposed location of
26 the additional or relocated franchise.
27 When more than one protest is filed against the
28 grant or establishment of the additional or relocated
29 franchise of the same line make, the Board may
30 consolidate the hearings to expedite disposition of the
31 matter. The manufacturer shall have the burden of proof
32 to establish that good cause exists to allow the grant or
33 establishment of the additional or relocated franchise.
34 The manufacturer may not grant or establish the
HB1268 Enrolled -1430- LRB9000999EGfg
1 additional franchise or relocate the existing franchise
2 before the hearing process is concluded as prescribed by
3 this Act, and thereafter if the Board determines that the
4 manufacturer has failed to meet its burden of proof and
5 that good cause does not exist to allow the grant or
6 establishment of the additional franchise or relocation
7 of the existing franchise.
8 The determination whether good cause exists for
9 allowing the grant or establishment of an additional
10 franchise or relocated existing franchise, shall be made
11 by the Board under subsection (c) of Section 12 of this
12 Act. If the manufacturer seeks to enter into a contract,
13 agreement or other arrangement with any person,
14 establishing any additional motor vehicle dealership or
15 other facility, limited to the sale of factory repurchase
16 vehicles or late model vehicles, then the manufacturer
17 shall follow the notice procedures set forth in this
18 Section and the determination whether good cause exists
19 for allowing the proposed agreement shall be made by the
20 Board under subsection (c) of Section 12, with the
21 manufacturer having the burden of proof.
22 A. (Blank).
23 B. For the purposes of this Section,
24 appointment of a successor motor vehicle dealer at
25 the same location as its predecessor, or within 2
26 miles of such location, or the relocation of an
27 existing dealer or franchise within 2 miles of the
28 relocating dealer's or franchisee's existing
29 location, shall not be construed as a grant,
30 establishment or the entering into of an additional
31 franchise or selling agreement, or a relocation of
32 an existing franchise. The reopening of a motor
33 vehicle dealership that has not been in operation
34 for 18 months or more shall be deemed the grant of
HB1268 Enrolled -1431- LRB9000999EGfg
1 an additional franchise or selling agreement.
2 C. This Section does not apply to the
3 relocation of an existing dealership or franchise in
4 a county having a population of more than 300,000
5 persons when the new location is within the dealer's
6 current relevant market area, provided the new
7 location is more than 7 miles from the nearest
8 dealer of the same line make or is further away from
9 the nearest dealer of the same line make. This
10 Section does not apply to the relocation of an
11 existing dealership or franchise in a county having
12 a population of less than 300,000 persons when the
13 new location is within the dealer's current relevant
14 market area, provided the new location is more than
15 12 miles from the nearest dealer of the same line
16 make or is further away from the nearest dealer of
17 the same line make.
18 D. Nothing in this Section shall be construed
19 to prevent a franchiser from implementing
20 affirmative action programs providing business
21 opportunities for minorities or from complying with
22 applicable federal, State or local law;
23 (9) to require a motor vehicle dealer to assent to
24 a release, assignment, novation, waiver or estoppel which
25 would relieve any person from liability imposed by this
26 Act;
27 (10) to prevent or refuse to give effect to the
28 succession to the ownership or management control of a
29 dealership by any legatee under the will of a dealer or
30 to an heir under the laws of descent and distribution of
31 this State unless the franchisee has designated a
32 successor to the ownership or management control under
33 the succession provisions of the franchise. Unless the
34 franchiser, having the burden of proof, proves that the
HB1268 Enrolled -1432- LRB9000999EGfg
1 successor is a person who is not of good moral character
2 or does not meet the franchiser's existing and reasonable
3 capital standards and, with consideration given to the
4 volume of sales and service of the dealership, uniformly
5 applied minimum business experience standards in the
6 market area, any designated successor of a dealer or
7 franchisee may succeed to the ownership or management
8 control of a dealership under the existing franchise if:
9 (i) The designated successor gives the
10 franchiser written notice by certified mail,
11 return receipt requested, of his or her
12 intention to succeed to the ownership of the
13 dealer within 60 days of the dealer's death or
14 incapacity; and
15 (ii) The designated successor agrees to
16 be bound by all the terms and conditions of the
17 existing franchise.
18 Notwithstanding the foregoing, in the event the
19 motor vehicle dealer or franchisee and manufacturer have
20 duly executed an agreement concerning succession rights
21 prior to the dealer's death or incapacitation, the
22 agreement shall be observed.
23 (A) If the franchiser intends to refuse to
24 honor the successor to the ownership of a deceased
25 or incapacitated dealer or franchisee under an
26 existing franchise agreement, the franchiser shall
27 send a letter by certified mail, return receipt
28 requested, to the designated successor within 60
29 days from receipt of a proposal advising of its
30 intent to refuse to honor the succession and to
31 discontinue the existing franchise agreement. The
32 notice shall set forth the specific grounds for the
33 refusal to honor the succession and discontinue the
34 existing franchise agreement.
HB1268 Enrolled -1433- LRB9000999EGfg
1 If notice of refusal is not timely served upon
2 the designated successor, the franchise agreement
3 shall continue in effect subject to termination only
4 as otherwise permitted by paragraph (6) of
5 subsection (d) of Section 4 of this Act.
6 Within 15 days from the date the notice was
7 received by the designated successor or any other
8 person entitled to notice, the designee or other
9 person may file with the Board a written protest
10 against the proposed action.
11 When a protest has been timely filed, the Board
12 shall enter an order, fixing a date (within 60 days
13 of the date of the order), time, and place of a
14 hearing on the protest, required under Sections 12
15 and 29 of this Act, and send by certified mail,
16 return receipt requested, a copy of the order to the
17 franchiser that filed the notice of intention of the
18 proposed action and to the protesting designee or
19 such other person.
20 The manufacturer shall have the burden of proof
21 to establish that good cause exists to refuse to
22 honor the succession and discontinue the existing
23 franchise agreement. The determination whether good
24 cause exists to refuse to honor the succession shall
25 be made by the Board under subdivision (B) of this
26 paragraph (10). The manufacturer shall not refuse
27 to honor the succession or discontinue the existing
28 franchise agreement before the hearing process is
29 concluded as prescribed by this Act, and thereafter
30 if the Board determines that it has failed to meet
31 its burden of proof and that good cause does not
32 exist to refuse to honor the succession and
33 discontinue the existing franchise agreement.
34 (B) No manufacturer shall impose any
HB1268 Enrolled -1434- LRB9000999EGfg
1 conditions upon honoring the succession and
2 continuing the existing franchise agreement with the
3 designated successor other than that the franchisee
4 has designated a successor to the ownership or
5 management control under the succession provisions
6 of the franchise, or that the designated successor
7 is of good moral character or meets the reasonable
8 capital standards and, with consideration given to
9 the volume of sales and service of the dealership,
10 uniformly applied minimum business experience
11 standards in the market area;
12 (11) to prevent or refuse to approve a proposal to
13 establish a successor franchise at a location previously
14 approved by the franchiser when submitted with the
15 voluntary termination by the existing franchisee unless
16 the successor franchisee would not otherwise qualify for
17 a new motor vehicle dealer's license under the Illinois
18 Vehicle Code or unless the franchiser, having the burden
19 of proof, proves that such proposed successor is not of
20 good moral character or does not meet the franchiser's
21 existing and reasonable capital standards and, with
22 consideration given to the volume of sales and service of
23 the dealership, uniformly applied minimum business
24 experience standards in the market area. However, when
25 such a rejection of a proposal is made, the manufacturer
26 shall give written notice of its reasons to the
27 franchisee within 60 days of receipt by the manufacturer
28 of the proposal. However, nothing herein shall be
29 construed to prevent a franchiser from implementing
30 affirmative action programs providing business
31 opportunities for minorities, or from complying with
32 applicable federal, State or local law;
33 (12) to prevent or refuse to grant a franchise to a
34 person because such person owns, has investment in or
HB1268 Enrolled -1435- LRB9000999EGfg
1 participates in the management of or holds a franchise
2 for the sale of another make or line of motor vehicles
3 within 7 miles of the proposed franchise location in a
4 county having a population of more than 300,000 persons,
5 or within 12 miles of the proposed franchise location in
6 a county having a population of less than 300,000
7 persons; or
8 (13) to prevent or attempt to prevent any new motor
9 vehicle dealer from establishing any additional motor
10 vehicle dealership or other facility limited to the sale
11 of factory repurchase vehicles or late model vehicles or
12 otherwise offering for sale factory repurchase vehicles
13 of the same line make at an existing franchise by failing
14 to make available any contract, agreement or other
15 arrangement which is made available or otherwise offered
16 to any person.
17 (Source: P.A. 89-145, eff. 7-14-95; revised 7-11-97.)
18 Section 193. The Beer Industry Fair Dealing Act is
19 amended by changing Section 9 as follows:
20 (815 ILCS 720/9) (from Ch. 43, par. 309)
21 Sec. 9. Judicial and other remedies.
22 (1) If the brewer or wholesaler who is a party to an
23 agreement pursuant to this Act fails to comply with this Act
24 or otherwise engages in conduct prohibited under this Act,
25 the affected party may maintain a civil suit in court if the
26 cause of action directly relates to or stems from the
27 relationship of the individual parties under the agreement,
28 provided that any such suit shall be filed in a State or
29 federal court of competent jurisdiction located in Illinois.
30 (2) A brewer or wholesaler may bring an action for
31 declaratory judgment for determination of any controversy
32 arising under this Act or out of the brewer and wholesaler
HB1268 Enrolled -1436- LRB9000999EGfg
1 relationship.
2 (3) Upon proper application to the court, a brewer or
3 wholesaler may obtain injunctive relief against any violation
4 of this Act.
5 (4) In any action under subsection (1) the court may
6 grant such relief as the court determines is necessary or
7 appropriate considering the purposes of this Act.
8 (5) The prevailing party in any action under subsection
9 (1) shall be entitled to (i) actual damages, (ii) all court
10 or arbitration costs, and (iii) attorneys' fees at the
11 court's discretion.
12 (6) With respect to any dispute arising under this Act
13 or out of the relationship between brewer and wholesaler, the
14 wholesaler and the brewer each has the absolute right before
15 it has agreed to arbitrate a particular dispute to refuse to
16 arbitrate that particular dispute. Arbitration shall be
17 conducted in accordance with the Commercial Arbitration Rules
18 of the American Arbitration Association and the laws of this
19 State, and judgment upon the award rendered by the arbitrator
20 may be entered in any court having jurisdiction. A brewer
21 may not, as a condition of entering into or renewing an
22 agreement, require the wholesaler to agree to arbitration
23 instead of judicial remedies.
24 (7) If there is a finding by an arbitrator or a court in
25 a proceeding under this Section or under subsection (1.5) or
26 (2) of Section 7 that a party has not acted in good faith, an
27 appropriate penalty shall be assessed by the arbitrator or
28 the court against that party and, in addition, that party
29 shall also be ordered to pay all court or arbitration costs
30 and reasonable legal fees incurred by the other party in the
31 proceeding.
32 (Source: P.A. 89-716, eff. 2-21-97; 90-91, eff. 7-11-97;
33 revised 8-13-97.)
HB1268 Enrolled -1437- LRB9000999EGfg
1 Section 194. The Employee Medical Contribution Act is
2 amended by changing Section 1 as follows:
3 (820 ILCS 150/1) (from Ch. 48, par. 35a)
4 Sec. 1. Whenever an employee agrees to let his employer
5 make deductions from his wages for payments to a corporation
6 organized under "The Medical Service Plan Act", approved July
7 25, 1945, as amended, or "The Non-Profit Hospital Service
8 Plan Act", approved July 6, 1935, as amended, or any other
9 medical service plan the employer shall accept cash at the
10 regular group rate from such employee for such payment, in
11 lieu of such payroll deduction, or continue to make payments
12 for the benefit of the employee in the amount necessary to
13 continue the employee's participation in the medical service
14 plan, for any period up to 6 six consecutive months in the
15 event that such employee is unable to earn sufficient wages
16 to cover the amount normally deducted for such payment,
17 provided, however, that such employee maintains recall rights
18 with that employer and does not accept any employment
19 elsewhere.
20 (Source: P.A. 79-991; revised 1-21-98.)
21 Section 195. The Unemployment Insurance Act is amended
22 by changing Section 1900 as follows:
23 (820 ILCS 405/1900) (from Ch. 48, par. 640)
24 Sec. 1900. Disclosure of information.
25 A. Except as provided in this Section, information
26 obtained from any individual or employing unit during the
27 administration of this Act shall:
28 1. be confidential,
29 2. not be published or open to public inspection,
30 3. not be used in any court in any pending action
31 or proceeding,
HB1268 Enrolled -1438- LRB9000999EGfg
1 4. not be admissible in evidence in any action or
2 proceeding other than one arising out of this Act.
3 B. No finding, determination, decision, ruling or order
4 (including any finding of fact, statement or conclusion made
5 therein) issued pursuant to this Act shall be admissible or
6 used in evidence in any action other than one arising out of
7 this Act, nor shall it be binding or conclusive except as
8 provided in this Act, nor shall it constitute res judicata,
9 regardless of whether the actions were between the same or
10 related parties or involved the same facts.
11 C. Any officer or employee of this State, any officer or
12 employee of any entity authorized to obtain information
13 pursuant to this Section, and any agent of this State or of
14 such entity who, except with authority of the Director under
15 this Section, shall disclose information shall be guilty of a
16 Class B misdemeanor and shall be disqualified from holding
17 any appointment or employment by the State.
18 D. An individual or his duly authorized agent may be
19 supplied with information from records only to the extent
20 necessary for the proper presentation of his claim for
21 benefits or with his existing or prospective rights to
22 benefits. Discretion to disclose this information belongs
23 solely to the Director and is not subject to a release or
24 waiver by the individual.
25 E. An employing unit may be furnished with information,
26 only if deemed by the Director as necessary to enable it to
27 fully discharge its obligations or safeguard its rights under
28 the Act. Discretion to disclose this information belongs
29 solely to the Director and is not subject to a release or
30 waiver by the employing unit.
31 F. The Director may furnish any information that he may
32 deem proper to any public officer or public agency of this or
33 any other State or of the federal government dealing with:
34 1. the administration of relief,
HB1268 Enrolled -1439- LRB9000999EGfg
1 2. public assistance,
2 3. unemployment compensation,
3 4. a system of public employment offices,
4 5. wages and hours of employment, or
5 6. a public works program.
6 The Director may make available to the Illinois
7 Industrial Commission information regarding employers for the
8 purpose of verifying the insurance coverage required under
9 the Workers' Compensation Act and Workers' Occupational
10 Diseases Act.
11 G. The Director may disclose information submitted by
12 the State or any of its political subdivisions, municipal
13 corporations, instrumentalities, or school or community
14 college districts, except for information which specifically
15 identifies an individual claimant.
16 H. The Director shall disclose only that information
17 required to be disclosed under Section 303 of the Social
18 Security Act, as amended, including:
19 1. any information required to be given the United
20 States Department of Labor under Section 303(a)(6); and
21 2. the making available upon request to any agency
22 of the United States charged with the administration of
23 public works or assistance through public employment, the
24 name, address, ordinary occupation and employment status
25 of each recipient of unemployment compensation, and a
26 statement of such recipient's right to further
27 compensation under such law as required by Section
28 303(a)(7); and
29 3. records to make available to the Railroad
30 Retirement Board as required by Section 303(c)(1); and
31 4. information that will assure reasonable
32 cooperation with every agency of the United States
33 charged with the administration of any unemployment
34 compensation law as required by Section 303(c)(2); and
HB1268 Enrolled -1440- LRB9000999EGfg
1 5. information upon request and on a reimbursable
2 basis to the United States Department of Agriculture and
3 to any State food stamp agency concerning any information
4 required to be furnished by Section 303(d); and
5 6. any wage information upon request and on a
6 reimbursable basis to any State or local child support
7 enforcement agency required by Section 303(e); and
8 7. any information required under the income
9 eligibility and verification system as required by
10 Section 303(f); and
11 8. information that might be useful in locating an
12 absent parent or that parent's employer, establishing
13 paternity or establishing, modifying, or enforcing child
14 support orders for the purpose of a child support
15 enforcement program under Title IV of the Social Security
16 Act upon the request of and on a reimbursable basis to
17 the public agency administering the Federal Parent
18 Locator Service as required by Section 303(h); and
19 9. information, upon request, to representatives of
20 any federal, State or local governmental public housing
21 agency with respect to individuals who have signed the
22 appropriate consent form approved by the Secretary of
23 Housing and Urban Development and who are applying for or
24 participating in any housing assistance program
25 administered by the United States Department of Housing
26 and Urban Development as required by Section 303(i).
27 I. The Director, upon the request of a public agency of
28 Illinois, of the federal government or of any other state
29 charged with the investigation or enforcement of Section 10-5
30 of the Criminal Code of 1961 (or a similar federal law or
31 similar law of another State), may furnish the public agency
32 information regarding the individual specified in the request
33 as to:
34 1. the current or most recent home address of the
HB1268 Enrolled -1441- LRB9000999EGfg
1 individual, and
2 2. the names and addresses of the individual's
3 employers.
4 J. Nothing in this Section shall be deemed to interfere
5 with the disclosure of certain records as provided for in
6 Section 1706 or with the right to make available to the
7 Internal Revenue Service of the United States Department of
8 the Treasury, or the Department of Revenue of the State of
9 Illinois, information obtained under this Act.
10 K. The Department shall make available to the Illinois
11 Student Assistance Commission, upon request, information in
12 the possession of the Department that may be necessary or
13 useful to the Commission in the collection of defaulted or
14 delinquent student loans which the Commission administers.
15 L. The Department shall make available to the State
16 Employees' Retirement System, the State Universities
17 Retirement System, and the Teachers' Retirement System of the
18 State of Illinois, upon request, information in the
19 possession of the Department that may be necessary or useful
20 to the System for the purpose of determining whether any
21 recipient of a disability benefit from the System is
22 gainfully employed.
23 M. This Section shall be applicable to the information
24 obtained in the administration of the State employment
25 service, except that the Director may publish or release
26 general labor market information and may furnish information
27 that he may deem proper to an individual, public officer or
28 public agency of this or any other State or the federal
29 government (in addition to those public officers or public
30 agencies specified in this Section) as he prescribes by Rule.
31 N. The Director may require such safeguards as he deems
32 proper to insure that information disclosed pursuant to this
33 Section is used only for the purposes set forth in this
34 Section.
HB1268 Enrolled -1442- LRB9000999EGfg
1 O. (Blank).
2 P. Within 30 days after the effective date of this
3 amendatory Act of 1993 and annually thereafter, the
4 Department shall provide to the Department of Financial
5 Institutions a list of individuals or entities that, for the
6 most recently completed calendar year, report to the
7 Department as paying wages to workers. The lists shall be
8 deemed confidential and may not be disclosed to any other
9 person.
10 Q. The Director shall make available to an elected
11 federal official the name and address of an individual or
12 entity that is located within the jurisdiction from which the
13 official was elected and that, for the most recently
14 completed calendar year, has reported to the Department as
15 paying wages to workers, where the information will be used
16 in connection with the official duties of the official and
17 the official requests the information in writing, specifying
18 the purposes for which it will be used. For purposes of this
19 subsection, the use of information in connection with the
20 official duties of an official does not include use of the
21 information in connection with the solicitation of
22 contributions or expenditures, in money or in kind, to or on
23 behalf of a candidate for public or political office or a
24 political party or with respect to a public question, as
25 defined in Section 1-3 of the Election Code, or in connection
26 with any commercial solicitation. Any elected federal
27 official who, in submitting a request for information covered
28 by this subsection, knowingly makes a false statement or
29 fails to disclose a material fact, with the intent to obtain
30 the information for a purpose not authorized by this
31 subsection, shall be guilty of a Class B misdemeanor.
32 R. The Director may provide to any State or local child
33 support agency, upon request and on a reimbursable basis,
34 information that might be useful in locating an absent parent
HB1268 Enrolled -1443- LRB9000999EGfg
1 or that parent's employer, establishing paternity, or
2 establishing, modifying, or enforcing child support orders.
3 (Source: P.A. 89-446, eff. 2-8-96; 89-493, eff. 1-1-97;
4 90-425, eff. 8-15-97; 90-488, eff. 8-17-97; revised
5 11-14-97.)
6 Section 996. No acceleration or delay. Where this Act
7 makes changes in a statute that is represented in this Act by
8 text that is not yet or no longer in effect (for example, a
9 Section represented by multiple versions), the use of that
10 text does not accelerate or delay the taking effect of (i)
11 the changes made by this Act or (ii) provisions derived from
12 any other Public Act.
13 Section 997. No revival or extension. This Act does not
14 revive or extend any Section or Act otherwise repealed.
15 Section 999. Effective date. This Act takes effect July
16 1, 1998.
HB1268 Enrolled -1444- LRB9000999EGfg
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.9 rep.
4 5 ILCS 80/4.18
5 5 ILCS 100/1-5 from Ch. 127, par. 1001-5
6 5 ILCS 140/7 from Ch. 116, par. 207
7 5 ILCS 315/3 from Ch. 48, par. 1603
8 5 ILCS 315/14 from Ch. 48, par. 1614
9 5 ILCS 350/2 from Ch. 127, par. 1302
10 5 ILCS 365/4 from Ch. 127, par. 354
11 5 ILCS 375/3 from Ch. 127, par. 523
12 5 ILCS 375/6.9
13 5 ILCS 375/6.11
14 5 ILCS 375/10 from Ch. 127, par. 530
15 5 ILCS 460/25 from Ch. 1, par. 2901-25
16 10 ILCS 5/7-34 from Ch. 46, par. 7-34
17 10 ILCS 5/16-4.1 from Ch. 46, par. 16-4.1
18 10 ILCS 5/17-23 from Ch. 46, par. 17-23
19 10 ILCS 5/20-13.1 from Ch. 46, par. 20-13.1
20 10 ILCS 5/23-6.1 from Ch. 46, par. 23-6.1
21 15 ILCS 305/11.1
22 15 ILCS 320/4 from Ch. 128, par. 104
23 15 ILCS 520/22.5 from Ch. 130, par. 41a
24 20 ILCS 301/30-5
25 20 ILCS 405/67.23 from Ch. 127, par. 63b13.23
26 20 ILCS 415/8b.7 from Ch. 127, par. 63b108b.7
27 20 ILCS 505/5 from Ch. 23, par. 5005
28 20 ILCS 505/17a-4 from Ch. 23, par. 5017a-4
29 20 ILCS 505/21 from Ch. 23, par. 5021
30 20 ILCS 605/46.6c from Ch. 127, par. 46.6c
31 20 ILCS 605/46.19j
32 20 ILCS 608/15
33 20 ILCS 665/4a from Ch. 127, par. 200-24a
34 20 ILCS 805/63a21.1 from Ch. 127, par. 63a21.1
HB1268 Enrolled -1445- LRB9000999EGfg
1 20 ILCS 1105/16 from Ch. 96 1/2, par. 7415
2 20 ILCS 1115/3 from Ch. 96 1/2, par. 7603
3 20 ILCS 1705/69
4 20 ILCS 1705/70
5 20 ILCS 2215/4-4 from Ch. 111 1/2, par. 6504-4
6 20 ILCS 2310/55.84
7 20 ILCS 2310/55.85
8 20 ILCS 2310/55.87
9 20 ILCS 2310/55.88
10 20 ILCS 2435/45 from Ch. 23, par. 3395-45
11 20 ILCS 2605/55a from Ch. 127, par. 55a
12 20 ILCS 2805/2 from Ch. 126 1/2, par. 67
13 20 ILCS 3105/14 from Ch. 127, par. 783.01
14 20 ILCS 3705/17 from Ch. 111 1/2, par. 1117
15 25 ILCS 70/5 from Ch. 63, par. 42.85
16 30 ILCS 105/5.449
17 30 ILCS 105/5.450
18 30 ILCS 105/5.451
19 30 ILCS 105/5.453
20 30 ILCS 105/5.454
21 30 ILCS 105/5.455
22 30 ILCS 105/5.456
23 30 ILCS 105/5.457
24 30 ILCS 105/5.458
25 30 ILCS 105/5.459
26 30 ILCS 105/5.460
27 30 ILCS 105/5.461
28 30 ILCS 105/5.462
29 30 ILCS 105/5.463
30 30 ILCS 105/5.464
31 30 ILCS 105/5.465
32 30 ILCS 105/5.466
33 30 ILCS 105/5.467
34 30 ILCS 105/5.468
HB1268 Enrolled -1446- LRB9000999EGfg
1 30 ILCS 105/5.469
2 30 ILCS 105/5.470
3 30 ILCS 105/5.471
4 30 ILCS 105/5.472
5 30 ILCS 105/5.473
6 30 ILCS 105/5.474
7 30 ILCS 105/5.475
8 30 ILCS 105/5.476
9 30 ILCS 105/5.477
10 30 ILCS 105/8.25 from Ch. 127, par. 144.25
11 30 ILCS 230/2 from Ch. 127, par. 171
12 30 ILCS 730/4 from Ch. 96 1/2, par. 8204
13 30 ILCS 805/8.21
14 35 ILCS 5/201 from Ch. 120, par. 2-201
15 35 ILCS 5/901 from Ch. 120, par. 9-901
16 35 ILCS 110/15 from Ch. 120, par. 439.45
17 35 ILCS 200/14-15
18 35 ILCS 200/15-35
19 35 ILCS 200/15-172
20 35 ILCS 200/15-175
21 35 ILCS 200/15-180
22 35 ILCS 200/18-165
23 35 ILCS 200/18-185
24 35 ILCS 200/19-60
25 35 ILCS 200/20-160
26 35 ILCS 200/21-260
27 35 ILCS 200/21-315
28 35 ILCS 200/22-90
29 35 ILCS 505/8 from Ch. 120, par. 424
30 35 ILCS 520/16 from Ch. 120, par. 2166
31 35 ILCS 620/5 from Ch. 120, par. 472
32 35 ILCS 635/25
33 40 ILCS 5/1-113 from Ch. 108 1/2, par. 1-113
34 40 ILCS 5/2-108.1 from Ch. 108 1/2, par. 2-108.1
HB1268 Enrolled -1447- LRB9000999EGfg
1 40 ILCS 5/2-120 from Ch. 108 1/2, par. 2-120
2 40 ILCS 5/5-168.1 from Ch. 108 1/2, par. 5-168.1
3 40 ILCS 5/7-171 from Ch. 108 1/2, par. 7-171
4 40 ILCS 5/8-154 from Ch. 108 1/2, par. 8-154
5 40 ILCS 5/8-173 from Ch. 108 1/2, par. 8-173
6 40 ILCS 5/8-230.1 from Ch. 108 1/2, par. 8-230.1
7 40 ILCS 5/9-108 from Ch. 108 1/2, par. 9-108
8 40 ILCS 5/9-167 from Ch. 108 1/2, par. 9-167
9 40 ILCS 5/9-170.1 from Ch. 108 1/2, par. 9-170.1
10 40 ILCS 5/9-177 from Ch. 108 1/2, par. 9-177
11 40 ILCS 5/9-179.2 from Ch. 108 1/2, par. 9-179.2
12 40 ILCS 5/9-182 from Ch. 108 1/2, par. 9-182
13 40 ILCS 5/11-167 from Ch. 108 1/2, par. 11-167
14 40 ILCS 5/11-221.1 from Ch. 108 1/2, par. 11-221.1
15 40 ILCS 5/12-124 from Ch. 108 1/2, par. 12-124
16 40 ILCS 5/14-103.13 from Ch. 108 1/2, par. 14-103.13
17 40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104
18 40 ILCS 5/14-104.5 from Ch. 108 1/2, par. 14-104.5
19 40 ILCS 5/14-104.10
20 40 ILCS 5/14-104.11
21 40 ILCS 5/14-108 from Ch. 108 1/2, par. 14-108
22 40 ILCS 5/15-106 from Ch. 108 1/2, par. 15-106
23 40 ILCS 5/15-134 from Ch. 108 1/2, par. 15-134
24 40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136
25 40 ILCS 5/15-157 from Ch. 108 1/2, par. 15-157
26 40 ILCS 5/15-185 from Ch. 108 1/2, par. 15-185
27 40 ILCS 5/16-140 from Ch. 108 1/2, par. 16-140
28 40 ILCS 5/17-116.6
29 40 ILCS 5/17-127 from Ch. 108 1/2, par. 17-127
30 40 ILCS 5/17-129 from Ch. 108 1/2, par. 17-129
31 40 ILCS 5/17-156.1 from Ch. 108 1/2, par. 17-156.1
32 45 ILCS 140/1 from Ch. 127, par. 63v-1
33 50 ILCS 105/3 from Ch. 102, par. 3
34 50 ILCS 445/6 from Ch. 85, par. 876
HB1268 Enrolled -1448- LRB9000999EGfg
1 55 ILCS 5/3-7002 from Ch. 34, par. 3-7002
2 55 ILCS 5/3-7005 from Ch. 34, par. 3-7005
3 55 ILCS 5/3-14010 from Ch. 34, par. 3-14010
4 55 ILCS 5/5-1006.5
5 55 ILCS 5/5-1012 from Ch. 34, par. 5-1012
6 55 ILCS 5/5-1093 from Ch. 34, par. 5-1093
7 55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
8 55 ILCS 5/5-30004 from Ch. 34, par. 5-30004
9 55 ILCS 5/5-30011 from Ch. 34, par. 5-30011
10 55 ILCS 5/6-5002 from Ch. 34, par. 6-5002
11 55 ILCS 5/6-12003 from Ch. 34, par. 6-12003
12 55 ILCS 85/3 from Ch. 34, par. 7003
13 55 ILCS 85/8 from Ch. 34, par. 7008
14 60 ILCS 1/70-15
15 60 ILCS 1/145-20
16 65 ILCS 5/8-4-15 from Ch. 24, par. 8-4-15
17 65 ILCS 5/8-11-2 from Ch. 24, par. 8-11-2
18 65 ILCS 5/9-2-78 from Ch. 24, par. 9-2-78
19 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
20 65 ILCS 5/10-2.1-14 from Ch. 24, par. 10-2.1-14
21 65 ILCS 5/11-6-2 from Ch. 24, par. 11-6-2
22 65 ILCS 5/11-19.2-1 from Ch. 24, par. 11-19.2-1
23 65 ILCS 5/11-74-2 from Ch. 24, par. 11-74-2
24 65 ILCS 5/11-74.6-10
25 65 ILCS 5/11-119.1-12 from Ch. 24, par. 11-119.1-12
26 65 ILCS 110/5
27 70 ILCS 10/4 from Ch. 15 1/2, par. 254
28 70 ILCS 200/105-5
29 70 ILCS 200/170-30
30 70 ILCS 200/255-45
31 70 ILCS 200/255-90
32 70 ILCS 505/Act title
33 70 ILCS 525/2004 from Ch. 85, par. 7504
34 70 ILCS 805/2 from Ch. 96 1/2, par. 6303
HB1268 Enrolled -1449- LRB9000999EGfg
1 70 ILCS 1005/3 from Ch. 111 1/2, par. 76
2 70 ILCS 1205/8-21 from Ch. 105, par. 8-21
3 70 ILCS 1505/17 from Ch. 105, par. 333.17
4 70 ILCS 1805/28 from Ch. 19, par. 628
5 70 ILCS 1820/2.21 from Ch. 19, par. 852.21
6 70 ILCS 1820/16 from Ch. 19, par. 866
7 70 ILCS 2205/27.1 from Ch. 42, par. 273.1
8 70 ILCS 2305/12 from Ch. 42, par. 288
9 70 ILCS 2305/29 from Ch. 42, par. 296.9
10 70 ILCS 2405/25 from Ch. 42, par. 317g
11 70 ILCS 2405/26 from Ch. 42, par. 317h
12 70 ILCS 2605/3.1 from Ch. 42, par. 322.1
13 70 ILCS 2605/5.7 from Ch. 42, par. 324q
14 70 ILCS 2605/8a from Ch. 42, par. 327a
15 70 ILCS 2605/19a from Ch. 42, par. 340
16 70 ILCS 2805/1 from Ch. 42, par. 412
17 70 ILCS 2805/4.1 from Ch. 42, par. 415.1
18 70 ILCS 3110/1 from Ch. 111 1/2, par. 7101
19 70 ILCS 3405/19 from Ch. 42, par. 466
20 70 ILCS 3715/2 from Ch. 111 2/3, par. 224
21 75 ILCS 5/5-9 from Ch. 81, par. 5-9
22 105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
23 105 ILCS 5/2-3.120
24 105 ILCS 5/2-3.123
25 105 ILCS 5/2-3.125
26 105 ILCS 5/9-11.2 from Ch. 122, par. 9-11.2
27 105 ILCS 5/10-10 from Ch. 122, par. 10-10
28 105 ILCS 5/10-22.3a from Ch. 122, par. 10-22.3a
29 105 ILCS 5/10-22.31 from Ch. 122, par. 10-22.31
30 105 ILCS 5/17-2.2c from Ch. 122, par. 17-2.2c
31 105 ILCS 5/18-8 from Ch. 122, par. 18-8
32 105 ILCS 5/18-8.05
33 105 ILCS 225/5 from Ch. 122, par. 1955
34 110 ILCS 205/9.21 from Ch. 144, par. 189.21
HB1268 Enrolled -1450- LRB9000999EGfg
1 110 ILCS 805/2-12.1 from Ch. 122, par. 102-12.1
2 110 ILCS 805/2-16.02 from Ch. 122, par. 102-16.02
3 110 ILCS 805/7-13 from Ch. 122, par. 107-13
4 110 ILCS 940/1 from Ch. 127, par. 63b131
5 205 ILCS 5/5 from Ch. 17, par. 311
6 205 ILCS 5/14 from Ch. 17, par. 321
7 205 ILCS 5/17 from Ch. 17, par. 324
8 205 ILCS 5/48.4
9 205 ILCS 5/48.5
10 205 ILCS 10/3.071 from Ch. 17, par. 2510.01
11 205 ILCS 105/3-11 from Ch. 17, par. 3303-11
12 205 ILCS 205/1007.115
13 205 ILCS 205/1007.120
14 205 ILCS 205/1008 from Ch. 17, par. 7301-8
15 205 ILCS 305/13 from Ch. 17, par. 4414
16 205 ILCS 305/58 from Ch. 17, par. 4459
17 205 ILCS 510/5 from Ch. 17, par. 4655
18 205 ILCS 620/1-2 from Ch. 17, par. 1551-2
19 205 ILCS 620/1-6 from Ch. 17, par. 1551-6
20 205 ILCS 620/2-12
21 205 ILCS 620/2-13
22 205 ILCS 620/6-10 from Ch. 17, par. 1556-10
23 205 ILCS 645/20
24 205 ILCS 645/21
25 205 ILCS 650/7
26 205 ILCS 650/8
27 205 ILCS 690/30
28 210 ILCS 3/25
29 210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
30 210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
31 210 ILCS 45/3-508 from Ch. 111 1/2, par. 4153-508
32 210 ILCS 50/3.200
33 210 ILCS 50/3.205
34 210 ILCS 65/55 from Ch. 111 1/2, par. 9055
HB1268 Enrolled -1451- LRB9000999EGfg
1 210 ILCS 85/10.4 from Ch. 111 1/2, par. 151.4
2 210 ILCS 87/15
3 215 ILCS 5/74 from Ch. 73, par. 686
4 215 ILCS 5/109 from Ch. 73, par. 721
5 215 ILCS 5/131.20a from Ch. 73, par. 743.20a
6 215 ILCS 5/132.2 from Ch. 73, par. 744.2
7 215 ILCS 5/149 from Ch. 73, par. 761
8 215 ILCS 5/155.31
9 215 ILCS 5/155.33
10 215 ILCS 5/155.34
11 215 ILCS 5/155.35
12 215 ILCS 5/229.4 from Ch. 73, par. 841.4
13 215 ILCS 5/245.21 from Ch. 73, par. 857.21
14 215 ILCS 5/355a from Ch. 73, par. 967a
15 215 ILCS 5/356t
16 215 ILCS 5/356v
17 215 ILCS 5/367.3 from Ch. 73, par. 979.3
18 215 ILCS 5/367h from Ch. 73, par. 979h
19 215 ILCS 5/370h from Ch. 73, par. 982h
20 215 ILCS 5/499.1 from Ch. 73, par. 1065.46-1
21 215 ILCS 5/509.1 from Ch. 73, par. 1065.56-1
22 215 ILCS 5/513a2 from Ch. 73, par. 1065.60a2
23 215 ILCS 5/810.1
24 215 ILCS 5/817.1
25 215 ILCS 5/1003 from Ch. 73, par. 1065.703
26 215 ILCS 105/8 from Ch. 73, par. 1308
27 215 ILCS 123/15
28 215 ILCS 125/1-2 from Ch. 111 1/2, par. 1402
29 215 ILCS 125/3-1 from Ch. 111 1/2, par. 1407.3
30 215 ILCS 125/4-6.1 from Ch. 111 1/2, par. 1408.7
31 215 ILCS 125/4-17
32 215 ILCS 125/4-18
33 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
34 215 ILCS 125/5-6 from Ch. 111 1/2, par. 1414
HB1268 Enrolled -1452- LRB9000999EGfg
1 215 ILCS 125/6-8 from Ch. 111 1/2, par. 1418.8
2 215 ILCS 130/4003 from Ch. 73, par. 1504-3
3 215 ILCS 165/10 from Ch. 32, par. 604
4 220 ILCS 5/2-202 from Ch. 111 2/3, par. 2-202
5 220 ILCS 5/8-102 from Ch. 111 2/3, par. 8-102
6 220 ILCS 5/9-212 from Ch. 111 2/3, par. 9-212
7 220 ILCS 5/9-216 from Ch. 111 2/3, par. 9-216
8 220 ILCS 5/13-505.7
9 220 ILCS 5/13-505.8
10 220 ILCS 5/13-506
11 225 ILCS 50/5 from Ch. 111, par. 7405
12 225 ILCS 55/95 from Ch. 111, par. 8351-95
13 225 ILCS 63/120
14 225 ILCS 65/3 from Ch. 111, par. 3503
15 225 ILCS 65/4 from Ch. 111, par. 3504
16 225 ILCS 65/24 from Ch. 111, par. 3524
17 225 ILCS 80/3 from Ch. 111, par. 3903
18 225 ILCS 80/24 from Ch. 111, par. 3924
19 225 ILCS 85/3 from Ch. 111, par. 4123
20 225 ILCS 85/4 from Ch. 111, par. 4124
21 225 ILCS 85/33 from Ch. 111, par. 4153
22 225 ILCS 90/23 from Ch. 111, par. 4273
23 225 ILCS 95/6 from Ch. 111, par. 4606
24 225 ILCS 95/21 from Ch. 111, par. 4621
25 225 ILCS 105/11 from Ch. 111, par. 5011
26 225 ILCS 106/95
27 225 ILCS 115/3 from Ch. 111, par. 7003
28 225 ILCS 115/11 from Ch. 111, par. 7011
29 225 ILCS 115/26 from Ch. 111, par. 7026
30 225 ILCS 215/17 from Ch. 111, par. 8017
31 225 ILCS 330/15 from Ch. 111, par. 3265
32 225 ILCS 420/9 from Ch. 111, par. 7659
33 225 ILCS 450/20.01 from Ch. 111, par. 5521.01
34 225 ILCS 515/5 from Ch. 111, par. 905
HB1268 Enrolled -1453- LRB9000999EGfg
1 225 ILCS 650/3 from Ch. 56 1/2, par. 303
2 225 ILCS 720/3.11 from Ch. 96 1/2, par. 7903.11
3 225 ILCS 720/8.10 from Ch. 96 1/2, par. 7908.10
4 225 ILCS 745/170
5 235 ILCS 5/3-12 from Ch. 43, par. 108
6 235 ILCS 5/5-1 from Ch. 43, par. 115
7 235 ILCS 5/6-6 from Ch. 43, par. 123
8 235 ILCS 5/6-11 from Ch. 43, par. 127
9 235 ILCS 5/6-16 from Ch. 43, par. 131
10 305 ILCS 5/4-2 from Ch. 23, par. 4-2
11 305 ILCS 5/4-8 from Ch. 23, par. 4-8
12 305 ILCS 5/5-4 from Ch. 23, par. 5-4
13 305 ILCS 5/5-16.3
14 305 ILCS 5/5-16.6
15 305 ILCS 5/5-22
16 305 ILCS 5/9A-9 from Ch. 23, par. 9A-9
17 305 ILCS 5/10-10 from Ch. 23, par. 10-10
18 305 ILCS 5/10-11 from Ch. 23, par. 10-11
19 305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
20 305 ILCS 5/11-8 from Ch. 23, par. 11-8
21 305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
22 305 ILCS 5/12-4.31
23 305 ILCS 5/12-4.101
24 305 ILCS 5/12-17.4 from Ch. 23, par. 12-17.4
25 310 ILCS 10/25.04 from Ch. 67 1/2, par. 25.04
26 310 ILCS 10/25.05 from Ch. 67 1/2, par. 25.05
27 325 ILCS 30/7 from Ch. 23, par. 4107
28 410 ILCS 205/7 from Ch. 23, par. 2337
29 410 ILCS 215/5 from Ch. 111 1/2, par. 4705
30 410 ILCS 620/20 from Ch. 56 1/2, par. 520
31 415 ILCS 5/21 from Ch. 111 1/2, par. 1021
32 415 ILCS 5/21.3 from Ch. 111 1/2, par. 1021.3
33 415 ILCS 5/22.2b
34 415 ILCS 5/22.44
HB1268 Enrolled -1454- LRB9000999EGfg
1 415 ILCS 5/39 from Ch. 111 1/2, par. 1039
2 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
3 415 ILCS 5/39.3 from Ch. 111 1/2, par. 1039.3
4 415 ILCS 5/44 from Ch. 111 1/2, par. 1044
5 415 ILCS 20/3 from Ch. 111 1/2, par. 7053
6 415 ILCS 55/8 from Ch. 111 1/2, par. 7458
7 415 ILCS 60/23 from Ch. 5, par. 823
8 415 ILCS 110/2013 from Ch. 96 1/2, par. 9763
9 420 ILCS 20/13 from Ch. 111 1/2, par. 241-13
10 420 ILCS 20/19 from Ch. 111 1/2, par. 241-19
11 420 ILCS 40/15 from Ch. 111 1/2, par. 210-15
12 420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
13 425 ILCS 65/6 from Ch. 127 1/2, par. 706
14 425 ILCS 65/8 from Ch. 127 1/2, par. 708
15 430 ILCS 30/11.1 from Ch. 95 1/2, par. 700-11.1
16 430 ILCS 65/8 from Ch. 38, par. 83-8
17 505 ILCS 25/1 from Ch. 5, par. 1401
18 510 ILCS 90/7 from Ch. 8, par. 807
19 515 ILCS 5/15-32 from Ch. 56, par. 15-32
20 520 ILCS 5/2.26 from Ch. 61, par. 2.26
21 605 ILCS 5/6-207 from Ch. 121, par. 6-207
22 605 ILCS 5/6-512 from Ch. 121, par. 6-512
23 615 ILCS 10/18 from Ch. 19, par. 96
24 615 ILCS 30/2 from Ch. 19, par. 9
25 615 ILCS 60/1 from Ch. 19, par. 41
26 620 ILCS 25/19 from Ch. 15 1/2, par. 48.19
27 620 ILCS 50/45 from Ch. 15 1/2, par. 149
28 620 ILCS 50/61 from Ch. 15 1/2, par. 165
29 625 ILCS 5/1-197.5 from Ch. 95 1/2, par. 1-203.1
30 625 ILCS 5/1-201 from Ch. 95 1/2, par. 1-201
31 625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
32 625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
33 625 ILCS 5/3-112 from Ch. 95 1/2, par. 3-112
34 625 ILCS 5/3-201 from Ch. 95 1/2, par. 3-201
HB1268 Enrolled -1455- LRB9000999EGfg
1 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
2 625 ILCS 5/3-639
3 625 ILCS 5/3-641
4 625 ILCS 5/3-642
5 625 ILCS 5/4-304 from Ch. 95 1/2, par. 4-304
6 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
7 625 ILCS 5/6-301.2 from Ch. 95 1/2, par. 6-301.2
8 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507
9 625 ILCS 5/7-309 from Ch. 95 1/2, par. 7-309
10 625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
11 625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
12 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
13 625 ILCS 5/11-1301.5
14 625 ILCS 5/11-1301.7
15 625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
16 625 ILCS 5/12-601 from Ch. 95 1/2, par. 12-601
17 625 ILCS 5/12-603 from Ch. 95 1/2, par. 12-603
18 625 ILCS 5/15-107 from Ch. 95 1/2, par. 15-107
19 625 ILCS 5/15-108 from Ch. 95 1/2, par. 15-108
20 625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
21 625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
22 625 ILCS 5/16-102.5
23 625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
24 625 ILCS 5/18c-3203 from Ch. 95 1/2, par. 18c-3203
25 625 ILCS 5/18c-6302 from Ch. 95 1/2, par. 18c-6302
26 625 ILCS 5/18c-7503 from Ch. 95 1/2, par. 18c-7503
27 625 ILCS 45/5-16
28 625 ILCS 45/5-19 from Ch. 95 1/2, par. 315-14
29 705 ILCS 105/27.7
30 705 ILCS 105/27.8
31 705 ILCS 105/27.9
32 705 ILCS 405/1-3 from Ch. 37, par. 801-3
33 705 ILCS 405/1-8 from Ch. 37, par. 801-8
34 705 ILCS 405/2-10 from Ch. 37, par. 802-10
HB1268 Enrolled -1456- LRB9000999EGfg
1 705 ILCS 405/2-14 from Ch. 37, par. 802-14
2 705 ILCS 405/2-22 from Ch. 37, par. 802-22
3 705 ILCS 405/2-23 from Ch. 37, par. 802-23
4 705 ILCS 405/2-25 from Ch. 37, par. 802-25
5 705 ILCS 405/2-27 from Ch. 37, par. 802-27
6 705 ILCS 405/2-28 from Ch. 37, par. 802-28
7 705 ILCS 405/2-28.01
8 705 ILCS 405/2-28.1
9 705 ILCS 405/2-31 from Ch. 37, par. 802-31
10 705 ILCS 405/3-26 from Ch. 37, par. 803-26
11 705 ILCS 405/3-33 from Ch. 37, par. 803-33
12 705 ILCS 405/4-23 from Ch. 37, par. 804-23
13 705 ILCS 405/6-9 from Ch. 37, par. 806-9
14 705 ILCS 505/21 from Ch. 37, par. 439.21
15 710 ILCS 15/2 from Ch. 10, par. 202
16 710 ILCS 25/25 from Ch. 10, par. 251-25
17 720 ILCS 5/9-3 from Ch. 38, par. 9-3
18 720 ILCS 5/11-9.2
19 720 ILCS 5/11-9.3
20 720 ILCS 5/12-6.2
21 720 ILCS 5/16-5 from Ch. 38, par. 16-5
22 720 ILCS 5/16-10 from Ch. 38, par. 16-10
23 720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
24 720 ILCS 5/36-1 from Ch. 38, par. 36-1
25 720 ILCS 5/47-15
26 720 ILCS 400/1 from Ch. 5, par. 231
27 720 ILCS 570/402 from Ch. 56 1/2, par. 1402
28 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
29 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
30 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
31 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
32 730 ILCS 5/5-7-1 from Ch. 38, par. 1005-7-1
33 730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1
34 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
HB1268 Enrolled -1457- LRB9000999EGfg
1 730 ILCS 5/5-9-1.10
2 730 ILCS 150/2 from Ch. 38, par. 222
3 730 ILCS 150/10 from Ch. 38, par. 230
4 730 ILCS 152/Art. 1 heading
5 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
6 735 ILCS 5/7-103 from Ch. 110, par. 7-103
7 735 ILCS 5/12-112 from Ch. 110, par. 12-112
8 735 ILCS 5/13-113 from Ch. 110, par. 13-113
9 735 ILCS 5/13-202.1 from Ch. 110, par. 13-202.1
10 735 ILCS 5/14-103 from Ch. 110, par. 14-103
11 740 ILCS 45/2 from Ch. 70, par. 72
12 740 ILCS 57/60
13 740 ILCS 110/5 from Ch. 91 1/2, par. 805
14 740 ILCS 110/11 from Ch. 91 1/2, par. 811
15 750 ILCS 5/505 from Ch. 40, par. 505
16 750 ILCS 5/706.1 from Ch. 40, par. 706.1
17 750 ILCS 15/3 from Ch. 40, par. 1106
18 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
19 750 ILCS 22/605
20 750 ILCS 45/14 from Ch. 40, par. 2514
21 750 ILCS 45/20 from Ch. 40, par. 2520
22 750 ILCS 50/1 from Ch. 40, par. 1501
23 750 ILCS 50/10 from Ch. 40, par. 1512
24 750 ILCS 50/20 from Ch. 40, par. 1524
25 755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3
26 755 ILCS 40/10 from Ch. 110 1/2, par. 851-10
27 755 ILCS 43/75
28 755 ILCS 45/2-1 from Ch. 110 1/2, par. 802-1
29 760 ILCS 35/1 from Ch. 148, par. 301
30 760 ILCS 100/9 from Ch. 21, par. 64.9
31 765 ILCS 30/7 from Ch. 30, par. 227
32 765 ILCS 45/11 from Ch. 116, par. 15
33 765 ILCS 90/5 from Ch. 30, par. 905
34 765 ILCS 605/19 from Ch. 30, par. 319
HB1268 Enrolled -1458- LRB9000999EGfg
1 765 ILCS 745/11 from Ch. 80, par. 211
2 765 ILCS 1070/Act title
3 765 ILCS 1070/1 from Ch. 30, par. 154
4 805 ILCS 5/1.80 from Ch. 32, par. 1.80
5 810 ILCS 5/4A-204 from Ch. 26, par. 4A-204
6 815 ILCS 5/2.3 from Ch. 121 1/2, par. 137.2-3
7 815 ILCS 5/8 from Ch. 121 1/2, par. 137.8
8 815 ILCS 375/11.1 from Ch. 121 1/2, par. 571.1
9 815 ILCS 375/20 from Ch. 121 1/2, par. 580
10 815 ILCS 385/0.01 from Ch. 121 1/2, par. 349
11 815 ILCS 710/4 from Ch. 121 1/2, par. 754
12 815 ILCS 720/9 from Ch. 43, par. 309
13 820 ILCS 150/1 from Ch. 48, par. 35a
14 820 ILCS 405/1900 from Ch. 48, par. 640